73 Fair empl.prac.cas. (Bna) 1359, 70 Empl. Prac. Dec. P 44,575 Darrell D. Thurman, Plaintiff-Appellee/cross-Appellant v. Yellow Freight Sys., Inc., Defendant-Appellant/cross-Appellee, 97 F.3d 833 (6th Cir. 1996). · Go Syfert
73 Fair empl.prac.cas. (Bna) 1359, 70 Empl. Prac. Dec. P 44,575 Darrell D. Thurman, Plaintiff-Appellee/cross-Appellant v. Yellow Freight Sys., Inc., Defendant-Appellant/cross-Appellee, 97 F.3d 833 (6th Cir. 1996). Cases Citing This Book View Copy Cite
“raised the issue for the first time in his motion to alter or amend the judgment. thus, he failed to preserve the issue for appeal.”
127 citation events (107 in the last 25 years) across 25 distinct courts.
Strongest positive: United States v. Thomas Smith (ca6, 2013-04-08)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Thomas Smith (2×) also: Cited as authority (rule)
6th Cir. · 2013 · quote attribution · 1 verbatim quote · confidence high
raised the issue for the first time in his motion to alter or amend the judgment. thus, he failed to preserve the issue for appeal.
discussed Cited as authority (quoted) A. K. v. Durham Sch. Servs., L.P.
6th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence low
ague references to an issue fail to clearly present it to the district court so as to preserve the issue for appeal.
cited Cited as authority (rule) Berkemeier, an individual and former Chairman of City Building Code Board of Appeals v. City of Jackson, a municipal corporation
E.D. Mich. · 2023 · confidence medium
Thurman, 97 F.3d at 835; Am.
discussed Cited as authority (rule) Contract Design Group, Inc. v. Wayne State University
6th Cir. · 2015 · confidence medium
(R. 262.) Because Plaintiffs failed to properly raise this issue in the district court, we cannot address it now on appeal. "[Vjague references to an issue fail to clearly present it to the district court so as to preserve the issue for appeal." Knall Beverage, Inc. v. Teamsters Local Union No. 293 Pension Plan, 744 F.3d 419, 424 (6th Cir.2014) (alteration in original) (quoting Thurman v. Yellow Freight Sys., Inc., 97 F.3d 833, 835 (6th Cir. 1996)).
discussed Cited as authority (rule) Six L's Packing Co. v. Beale (2×)
6th Cir. · 2013 · confidence medium
Thurman v. Yellow Freight Sys., Inc., 97 F.3d 833, 835 (6th Cir.1996) (“[Plaintiff] raised the issue for the first time in his motion to alter or amend the judgment.
discussed Cited as authority (rule) R.H. Cochran & Associates, Inc. v. Sheet Metal Workers International Ass'n Local Union No. 33 (2×)
6th Cir. · 2009 · confidence medium
See also White v. Anchor Motor Freight, Inc., 899 F.2d 555, 559 (6th Cir. 1990) (“[t]his court will not decide issues or claims not litigated before the district court.”); Thurman v. Yellow Freight Systems, Inc., 97 F.3d 833, 835 (6th Cir. 1996) (vague reference to an issue in the district court does not preserve it for appeal); Lillard v. Shelby County Bd. of Educ., 76 F.3d 716 , 729 (6th Cir. 1996) (argument not raised before the district court is not properly before us).
discussed Cited as authority (rule) Scottsdale Insurance v. Flowers (2×) also: Cited "see, e.g."
6th Cir. · 2008 · confidence medium
Family Prepaid Legal Corp. v. Columbus Bar Assoc., 498 F.3d 328, 335 (6th Cir.2007); Thurman, 97 F.3d at 835 (finding that issue raised for first time in motion to alter or amend the judgment was not preserved for appeal); Am.
discussed Cited as authority (rule) Scottsdale Ins Co v. Flowers (2×) also: Cited "see, e.g."
6th Cir. · 2008 · confidence medium
Family Prepaid Legal Corp. v. Columbus Bar Assoc., 498 F.3d 328, 335 (6th Cir. 2007); Thurman, 97 F.3d at 835 (finding that issue raised for first time in motion to alter or amend the judgment was not preserved for appeal); Am.
discussed Cited as authority (rule) Timothy L. Moysis, Appellee/cross v. Dtg Datanet, Formerly Known as Futuristic, Inc., Formerly Doing Business as Computerland, Inc., Appellant/cross (2×) also: Cited "see"
8th Cir. · 2002 · confidence medium
See Davoll v. Webb, 194 F.3d 1116, 1142 (10th Cir.1999) (district court did not abuse its discretion in denying defendant’s request for a hearing on front pay because of the lack of showing a hearing was justified); see also Bruso v. United Airlines, Inc., 239 F.3d 848, 862 (7th Cir.2001) (“A plaintiff who seeks an award of front pay must provide the district court with the essential data necessary to calculate a reasonably certain front pay award.”) (internal quotation omitted); Thurman v. Yellow Freight Sys., Inc., 97 F.3d at 833 (plaintiff waived issue of front pay by first raising it…
discussed Cited as authority (rule) Timothy L. Moysis v. DTG Datanet, Inc. (2×) also: Cited "see"
8th Cir. · 2002 · confidence medium
See Davoll v. Webb, 194 F.3d 1116, 1142 (10th Cir. 1999) (district court did not abuse its discretion in denying defendant's request for a hearing on front pay because of the lack of showing a hearing was justified); see also Bruso v. United Airlines, Inc., 239 F.3d 848, 862 (7th Cir. 2001) ("A plaintiff who seeks an award of front pay must provide the district court with the essential data necessary to calculate a reasonably certain front pay award.") (internal quotation omitted); Thurman v. Yellow Freight Sys., Inc., 97 F.3d at 833 (plaintiff waived issue of front pay by first raising it in …
discussed Cited as authority (rule) United States v. Universal Management Services, Inc.
6th Cir. · 1999 · confidence medium
See White v. Anchor Motor Freight, Inc., 899 F.2d 555, 559 (6th Cir.1990) (“This court will not decide issues or claims not litigated before the district court.”); Thurman v. Yellow Freight Systems, Inc., 97 F.3d 833, 835 (6th Cir.1996) (claims not raised before the district court must be considered waived); Lillard v. Shelby County Bd. of Educ., 76 F.3d 716 , 729 (6th Cir.1996) (argument not raised before the district court is not properly before us).
discussed Cited as authority (rule) United States v. Universal Management Services, Inc., Corporation Natural Choice, Inc. Corporation, Doing Business as Natural Choice Products, Inc. Paul M. Monea, Individual Paul A. Monea
6th Cir. · 1999 · confidence medium
See White v. Anchor Motor Freight, Inc., 899 F.2d 555, 559 (6th Cir.1990) ("This court will notdecide issues or claims not litigated before the district court."); Thurman v. Yellow Freight Systems, Inc., 97 F.3d 833, 835 (6th Cir.1996) (claims not raised before the district court must be considered waived); Lillard v. Shelby County Bd. of Educ., 76 F.3d 716 , 729 (6th Cir.1996) (argument not raised before the district court is not properly before us).
cited Cited as authority (rule) Lawrence v. Lawrence (In Re Lawrence)
Bankr. D.N.J. · 1999 · confidence medium
Thurman v. Yellow Freight Systems, Inc., 97 F.3d 833, 835 (6th Cir.1996); Daniel v. Taylor, 808 F.2d 1401, 1405 (11th Cir.1986); Hoffman v. Bankers Trust Co., 925 F.Supp. 315, 318 (M.D.Pa.1995).
discussed Cited as authority (rule) Wegner v. Standard Insurance
5th Cir. · 1997 · confidence medium
“A district court’s Johnson analysis ... need not be meticulously detailed to survive appellate review: If the district court has articulated and clearly applied the criteria ..., we will not require the trial court’s findings to be so excruciatingly explicit in this area of minutiae that decisions of fee awards consume more paper than did the cases from which they arose.” Forbush, 98 F.3d at 823 (internal quotation omitted); see also Todd, 47 F.3d at 1459 (finding an abuse of discretion in the award of attorneys’ fees when the district court failed to apply both the Bowen factors an…
discussed Cited "see" FRED L. McDOWELL v. RAYTHEON COMPANY
W.D. Ky. · 2025 · signal: see · confidence high
Pierson v. Quad/Graphics Printing Corp., 749 F.3d 530, 540 (6th Cir. 2014) (quoting Cicero v. Borg-Warner Auto., Inc., 280 F.3d 579 , 592 (6th Cir. 2002)); see Thurman v. Yellow Freight Sys., 90 F.3d 1160, 1167 (6th Cir. 1996), amended on other grounds, 97 F.3d 833 (6th Cir. 1997); Asmo v. Keane, Inc., 471 F.3d 588, 596 (6th Cir. 2006) (citing Thurman, 90 F.3d at 1167 ).
cited Cited "see" Marvin Gerber v. Henry Herskovitz
6th Cir. · 2023 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., Inc., 97 F.3d 833 , 835 (6th Cir. 1996).
discussed Cited "see" In re: Frank Lawrence, Jr.
6th Cir. · 2022 · signal: see · confidence high
See Thurman v. Yellow Freight Systems, Inc., 97 F.3d 833, 835 (6th Cir. 1996) -9- No. 21-1426, In re Lawrence (determining that an argument must be first raised and clearly presented before the district court to be preserved properly for appeal).
cited Cited "see" Barnes, Verla v. State of Wisconsin Department of Corrections
W.D. Wis. · 2020 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., Inc., 97 F.3d 833 , 835 (6th Cir. 1996); Saulpaugh v. Monroe Cmty. Hosp., 4 F.3d 134 , 145 (2d Cir. 1993); Best v. Shell Oil Co., 4 F. Supp. 2d 770, 776 (N.D.
cited Cited "see" Boards of Trustees of the Ohio Laborers' Fringe Benefit Programs v. Jenkins
6th Cir. · 2008 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., Inc., 97 F.3d 833 , 835 (6th Cir. 1996). 2 .
cited Cited "see" Drake v. City of Detroit
6th Cir. · 2008 · signal: see · confidence high
See Thurman v. Yellow Freight Systems, Inc., 97 F.3d 833, 835 (6th Cir.1996).
discussed Cited "see" Philip Workman v. Governor Phil Bredesen (2×)
6th Cir. · 2007 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., 97 F.3d 833 , 835 (6th Cir.1996) (holding that arguments not raised before the district court are waived).
cited Cited "see" Workman v. Bredesen
6th Cir. · 2007 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., 97 F.3d 833 , 835 (6th Cir. 1996) (holding that arguments not raised before the district court are waived).
discussed Cited "see" Arnold v. Luedtke Engineering Co. (2×)
6th Cir. · 2006 · signal: see · confidence high
See Thurman v. Yellow Freight Systems, Inc., 97 F.3d 833, 835 (6th Cir.1996) (raising an “issue for the first time in [a] motion to alter or amend the judgment . . . [does not] preserve the issue for appeal.”).
cited Cited "see" Amedisys Inc v. Natl Century Fin
6th Cir. · 2005 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., 97 F.3d 833 , 835 (6th Cir. 1996) (holding that arguments not raised before the district court are waived).
cited Cited "see" In Re: National Century Financial Enterprises, Inc., Debtor. Amedisys, Inc. v. National Century Financial Enterprises, Inc.
6th Cir. · 2005 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., 97 F.3d 833 , 835 (6th Cir.1996) (holding that arguments not raised before the district court are waived).
discussed Cited "see" Simpson v. Commissioner
6th Cir. · 2001 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., Inc., 97 F.3d 833 , 835 (6th Cir.1996) (holding that issue was not preserved for appeal when issue was not litigated at trial and was first raised in motion to alter or amend judgment).
cited Cited "see" Floyd v. Sverdrup Corp.
6th Cir. · 2001 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., Inc., 90 F.3d 1160, 1166 (6th Cir.1996), amended on denial of reh’g by 97 F.3d 833 (6th Cir.1996); Mitchell v. Toledo Hosp., 964 F.2d 577, 583 (6th Cir.1992).
discussed Cited "see" LPG Holdings, Inc. v. Casino America, Inc.
10th Cir. · 2000 · signal: accord · confidence high
As a corollary, issues or evidence “presented for the first time” in a Rule 59(e) motion normally are “not preserved for appellate review.” Holland v. Big River Minerals Corp. , 181 F.3d 597, 605 (4th Cir. 1999), cert. denied , 120 S. Ct. 936 (2000); accord Thurman v. Yellow Freight Sys., Inc. , 16 97 F.3d 833 , 834 (6th Cir. 1996).
discussed Cited "see" Dominguez Cruz v. Suttle Caribe, Inc.
1st Cir. · 2000 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., Inc., 90 F.3d 1160, 1167 (6th Cir. 1996) ("An employer's changing rationale for making an adverse employment decision can be evidence of pretext."), opinion amended by 97 F.3d 833 (6th Cir. 1996); Kobrin v. University of Minnesota, 34 F.3d 698, 703 (8th Cir. 1994) ("Substantial changes over time in the employer's proffered reason for its employment decision support a finding of pretext."); Castleman v. Acme Boot Co., 959 F.2d 1417, 1422 (7th Cir. 1992) ("A jury's conclusion that an employer's reasons were pretextual can be supported by inconsistencies in or …
discussed Cited "see" Alberto Dominguez-Cruz and Nydia Negron-Ramos v. Suttle Caribe, Inc.
1st Cir. · 2000 · signal: see · confidence high
See Thurman v. Yellow Freight Sys., Inc., 90 F.3d 1160, 1167 (6th Cir.1996) (“An employer’s changing rationale for making an adverse employment decision can be evidence of pretext.”), opinion amended by 97 F.3d 833 (6th Cir.1996); Kobrin v. University of Minnesota, 34 F.3d 698, 703 (8th Cir.1994) (“Substantial changes over time in the employer’s proffered reason for its employment decision support a finding of pretext.”); Castleman v. Acme Boot Co., 959 F.2d 1417, 1422 (7th Cir.1992) (“A jury’s conclusion that an employer’s reasons were pretextual can be supported by inconsis…
discussed Cited "see" Daryl Monday v. Officer John Oullette and the City of Monroe (2×) also: Cited "see, e.g."
6th Cir. · 1997 · signal: see · confidence high
See id. at§ 330.1400(m). 2 .
discussed Cited "see, e.g." Carl Bennett v. MDOC
6th Cir. · 2023 · signal: see also · confidence low
Co. v. Flowers, 513 F.3d 546, 553 (6th Cir. 2008); see also Thurman v. Yellow Freight Sys., Inc., 97 F.3d 833 , 835 (6th Cir. 1996) (holding that an issue is not preserved for appeal if it is raised for the first time in a motion to amend or alter the judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure).
discussed Cited "see, e.g." John George v. Youngstown State Univ.
6th Cir. · 2020 · signal: see, e.g. · confidence low
See, e.g., Cicero v. Borg-Warner Auto., Inc., 280 F.3d 579 , 592 (6th Cir. 2002) (“An employer’s changing rationale for making an adverse employment decision can be evidence of pretext.” (quoting Thurman v. Yellow Freight Sys., Inc., 90 F.3d 1160, 1167 (6th Cir.), amended on other grounds, 97 F.3d 833 (6th Cir. 1996))).
cited Cited "see, e.g." Jessica Frye v. CSX Transp., Inc.
6th Cir. · 2019 · signal: see, e.g. · confidence low
See, e.g. , Thurman v. Yellow Freight Sys., Inc ., 97 F.3d 833 , 835 (6th Cir. 1996) (holding that vague references to an issue fail to preserve it for appeal).
discussed Cited "see, e.g." Shrivastava v. RBS Citizens Bank, N.A.
E.D. Mich. · 2017 · signal: see also · confidence low
See also Thurman v. Yellow Freight Sys., Inc., 90 F.3d 1160, 1167 (6th Cir.), opinion amended on denial of reh’g, 97 F.3d 833 (6th Cir. 1996) (evidence of pretext present when employer changed factual position as litigation continued; and employer’s claims of performance issues belied by evidence of satisfactory performance and employer’s failure to note performance issues at time of adverse action). 11 Finally, Shrivastava claims that Keen did not permit her to “flyer.” See Pl.
discussed Cited "see, e.g." Anton v. NAT. UNION FIRE INS. CO. OF PITTSBURGH
6th Cir. · 2011 · signal: see also · confidence low
See also Thurman v. Yellow Freight Sys., Inc., 90 F.3d 1160, 1172 (6th Cir.1996) ("Issues that are not squarely presented to the trial court are considered waived and may not be raised on appeal”), amended on other grounds, 97 F.3d 833 (6th Cir.1996).
cited Cited "see, e.g." Edwards v. Hocking Valley Community Hospital
6th Cir. · 2004 · signal: see also · confidence low
See also Thurman v. Yellow Freight Sys., 97 F.3d 833 , 835 (6th Cir.1996) (holding that claims not raised before the district court must be considered waived).
discussed Cited "see, e.g." Best v. Shell Oil Co.
N.D. Ill. · 1998 · signal: see, e.g. · confidence low
See, e.g., Thurman v. Yellow Freight Sys., Inc., 97 F.3d 833 , 835 (6th Cir.1996) (district court did not abuse its discretion in denying front pay where the plaintiff had already been awarded back pay over a five year period plus attorney fees); Saulpaugh v. Monroe Comm. Hosp., 4 F.3d 134 , 145 (2d Cir.1993) (refusing a front pay award in light of back pay award).
Retrieving the full opinion text from the archive…
73 Fair empl.prac.cas. (Bna) 1359, 70 Empl. Prac. Dec. P 44,575 Darrell D. Thurman, Plaintiff-Appellee/cross-Appellant
v.
Yellow Freight Systems, Inc., Defendant-Appellant/cross-Appellee
95-5064.
Court of Appeals for the Sixth Circuit.
Sep 19, 1996.
97 F.3d 833

97 F.3d 833

73 Fair Empl.Prac.Cas. (BNA) 1359,
70 Empl. Prac. Dec. P 44,575
Darrell D. THURMAN, Plaintiff-Appellee/Cross-Appellant,
v.
YELLOW FREIGHT SYSTEMS, INC., Defendant-Appellant/Cross-Appellee.

No. 94-6109, 95-5064.

United States Court of Appeals,
Sixth Circuit.

Sept. 19, 1996.

Richard J. Ebbinghouse, Gordon, Silberman, Wiggins & Childs, Birmingham, AL, for Plaintiff-Appellee, Cross-Appellant.

Jeff Weintraub, J. Gregory Grisham, Weintraub, Robinson, Weintraub, Stock, Bennett, Ettinghoff & Grisham, Memphis, TN, for Defendant-Appellant, Cross-Appellee.

[*~833]1

Before: SUHRHEINRICH and SILER, Circuit Judges; and EDMUNDS, District Judge.[*]

ORDER

2

On July 26, 1996, this Court rendered its decision on the appeal of this case. On August 9, 1996, Yellow Freight petitioned for rehearing en banc and Thurman petitioned for rehearing en banc on August 21, 1996. The petitions having been circulated not only to the original panel members but to all other active judges of this court, and no judge of this court having requested a vote on the suggestions for rehearing en banc, the petitions for rehearing en banc have been referred to the original panel. The panel adheres to its original disposition with the following amendment regarding the issue of front pay:

[*~834]3

The July 26 decision states, "In the conclusion to his appeal brief, Thurman also appeals the denial of front pay. He failed to brief the issue, however, and therefore the court considers the claim abandoned and unreviewable." As Thurman points out in his petition for rehearing, he did summarily brief the issue of front pay in the section of his brief requesting instatement. Thus, the issue was not abandoned on appeal.

[*835]4

Even so, vague references to an issue fail to clearly present it to the district court so as to preserve the issue for appeal. Building Serv. Local 47 Cleaning Contractors Pension Plan v. Grandview Raceway, 46 F.3d 1392, 1399 (6th Cir.1995). Thurman waived the issue of front pay by not presenting it squarely before the trial court. Thurman did not raise the issue of front pay in the amended complaint nor did he raise it in the pretrial order. He did not litigate it at trial, and the district court did not address it. Thurman raised the issue for the first time in his motion to alter or amend the judgment. Thus, he failed to preserve the issue for appeal.

[*~834]5

Even if there was no waiver, the trial court did not err by failing to award front pay. The award of front pay is an equitable remedy within the discretion of the trial court. Shore v. Federal Express Corp., 42 F.3d 373, 377-78 (6th Cir.1994). See also Suggs v. ServiceMaster Education Food Management, 72 F.3d 1228, 1234 (6th Cir.1996) ("Determination of when to award front pay is within the discretion of the trial court, and such awards are reviewed under the abuse of discretion standard.")

6

A district court has wide discretion to make a victim of unlawful discrimination whole. Albemarle Paper Co. v. Moody, 422 U.S. 405, 95 S.Ct. 2362, 45 L.Ed.2d 280 (1975). "[V]iewing a front pay award in isolation for the purpose of measuring its contribution toward the goals of an antidiscrimination statute is risky business. A front pay award--like any other single strand in a tapestry of relief--must be assessed as a part of the entire remedial fabric that the trial court has fashioned in a particular case." Lussier v. Runyon, 50 F.3d 1103, 1112 (1st Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 69, 133 L.Ed.2d 30 (1995). For example, in Barbano v. Madison County, 922 F.2d 139, 146 (2d Cir.1990), the court held that a plaintiff was made whole by an award of backpay over an eight year period, plus prejudgment interest and attorney fees, and the court affirmed the district court's denial of instatement and front pay.

7

Similarly in this case, the district court awarded backpay over a five year period together with attorney fees and costs.[1] The court was within its discretion in determining that such an award made Thurman whole. Accordingly, the district court's denial of front pay is affirmed.

8

For the foregoing reasons, the petitions for rehearing en banc are DENIED. This panel's July 26, 1996 order is amended with regard to the issue of front pay as set forth above. The district court's denial of front pay is AFFIRMED. The panel adheres to its original disposition in all other respects.

*

The Honorable Nancy G. Edmunds, United States District Judge for the Eastern District of Michigan, sitting by designation

1

The trial court originally denied Thurman's request for prejudgment interest, but this Court reversed and remanded for an award of such interest