William F. Glover v. McDonnell Douglas Corp., 150 F.3d 908 (8th Cir. 1998). · Go Syfert
William F. Glover v. McDonnell Douglas Corp., 150 F.3d 908 (8th Cir. 1998). Cases Citing This Book View Copy Cite
“arguments not presented to the court below will not be considered on appeal”
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Daniel Rassier v. John Sanner (ca8, 2021-04-30)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Daniel Rassier v. John Sanner
8th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
arguments not presented to the court below will not be considered on appeal
discussed Cited as authority (rule) Cons. Laborers Welfare Fund v. RoadSafe Traffic Systems, Inc.
8th Cir. · 2022 · confidence medium
“Merely mentioning the facts—even in the context of another argument—is not enough to preserve the argument.” Sanzone v. Mercy Health, 954 F.3d 1031, 1045 (8th Cir. 2020). “[A]rguments not presented to the court below will not be considered on appeal.” Id., quoting Glover v. McDonnell Douglas Corp., 150 F.3d 908, 909 (8th Cir. 1998). ******* The judgment is affirmed. ______________________________ -7-
cited Cited as authority (rule) Sally Sanzone v. Mercy Health
8th Cir. · 2020 · confidence medium
“We have often explained that arguments not presented to -19- the court below will not be considered on appeal.” Glover v. McDonnell Douglas Corp., 150 F.3d 908, 909 (8th Cir. 1998).
cited Cited "see" Bonnie Poehl v. Carl Randolph
8th Cir. · 2008 · signal: see · confidence high
See Glover v. McDonnell Douglas Corp., 150 F.3d 908, 909-10 (8th Cir.1998).
cited Cited "see" Dorman Hartley v. Dillard's, Inc.
8th Cir. · 2002 · signal: see · confidence high
See Glover v. McDonnell Douglas Corp., 150 F.3d 908, 910 (8th Cir.1998).
cited Cited "see" Dorman Hartley v. Dillard's, Inc.
8th Cir. · 2002 · signal: see · confidence high
See Glover v. McDonnell Douglas Corp., 150 F.3d 908, 910 (8th Cir. 1998).
Retrieving the full opinion text from the archive…
William F. GLOVER, Appellant,
v.
McDONNELL DOUGLAS CORPORATION, Appellee
97-1477.
Court of Appeals for the Eighth Circuit.
Jul 29, 1998.
150 F.3d 908
1998 U.S. App. LEXIS 17131
1998 WL 423114
John D. Lynn, St. Louis, Missouri, for Appellant., Charles B. Jellinek, St. Louis, Missouri (Michael P. Burke, on the brief), for Appel-lee.
Beam, Gibson, Arnold.
Cited by 6 opinions  |  Published
BEAM, Circuit Judge.

William F. Glover claims that the district court erred in calculating his back pay award. We do not reach Glover’s arguments, but remand for recalculation of the award.

I. BACKGROUND

This age discrimination case has a long history that need not be repeated here. See Glover v. McDonnell Douglas Corp., 12 F.3d 845 (8th Cir.1994). This appeal involves only the district court’s calculation of the back pay due after a jury found that McDonnell Douglas had discriminated when it discharged Glover. After an appeal, this action was remanded for entry of judgment and calculation of Glover’s award. See id. at 849.

The district court entered judgment on January 7, 1994. After more than a year, and following repeated prodding by the district court, the parties filed a joint stipulation of facts and areas of disagreement. The parties requested leave to submit brief mem-oranda on the issues about which they differed. Months passed. When nothing was filed, the district court contacted counsel, and set a deadline for the filing of briefs. Glover’s counsel again sought extensions, but then failed to file a brief. The district court ultimately calculated Glover’s award without the benefit of a brief from Glover. Nineteen days later, Glover filed the first of a flurry of motions disputing the district court’s computation of his back pay award on numerous grounds. The district court denied those motions, arid Glover appeals.

II. DISCUSSION

Glover asserts that the district court made six separate errors in computing his back pay award. We will not consider the merits of these allegations, however, because Glover failed to present his arguments to the district court. We have often explained that arguments not presented to the court below will not be considered on appeal. See, e.g., Roth v. G.D. Searle & Co., 27 F.3d 1303, 1307 (8th Cir.1994). The record shows that the district court repeatedly solicited Glover’s input regarding back pay. When Glover failed to respond, the district court was free to rely on McDonnell Douglas’s brief, the joint report, and its own considerable expertise in fashioning an award. Glover argues that his neglect should be excused because his counsel at the time was undergoing exigent personal circumstances. We disagree. “A party chooses counsel at his or her peril.” Comiskey v. JFTJ Corp., 989 F.2d 1007, 1010 (8th Cir.1993) (quotation omitted). Having chosen an advocate to speak on his behalf, Glover is bound by coun[*910] sel’s actions. See Link v. Wabash R.R., 370 U.S. 626, 633-34, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962).

Glover’s failure to brief his position on the appropriate remedy calculation does not, however, excuse the district court’s obligation to determine the back pay award accurately. The district court correctly ruled that back pay should be calculated by subtracting Glover’s interim earnings from the salary he would have drawn if he still worked at McDonnell Douglas. See, e.g., Coleman v. City of Omaha, 714 F.2d 804, 808 (8th Cir.1983). We review a district court’s back pay award for clear error as to factual findings. See Goff v. USA Truck, Inc., 929 F.2d 429, 430 (8th Cir.1991). In this ease, the district court committed error as a result of a poorly drafted joint stipulation.

In the stipulation, the parties listed the gross wages Glover would have earned from 1991-1994 had he not been terminated. They then listed Glover’s actual earnings for each of those years. The parties did not tally the difference between the actual and lost earnings, either annually or in the aggregate. Immediately following these lists of figures, the joint report states, “$6,087.00 is due Plaintiff on the wages lost since [the verdict].” The district court apparently interpreted this as a stipulation that Glover had lost a total of $6,087 from 1991-1994. However, this figure was meant to represent post-judgment interest. See Jt.App. at 42-43. Thus, the district court’s calculation is erroneous in its use of $5,948. as Glover’s lost post-verdict income. We remand to the district court for the sole purpose of recalculating Glover’s lost post-verdict income using the figures supplied in the stipulation.

III. CONCLUSION

Although we decline to address any of Glover’s arguments on appeal, we remand this case to the district court for recalculation of Glover’s lost post-verdict income.