Summary Judgment in Age Case Reversed Because of Refusal to Allow Deposition of Chairman of the Board

In Marisco v. Sears Holding Corp, 2010 Fed App. 0191N (6th Cir. March 25, 2010), the Sixth Circuit Court of Appeals reversed a grant of summary judgment to Sears Corporation. The reversal was premised on the fact that the District Court refused to allow the deposition of Sears' Chairman Eddie Lampert. The Court concluded that Mr. Lampert's testimony could have borne out whether he had animus towards older employees. The Court remanded the case to the district court to continue proceedings and to allow the deposition of Mr. Lampert. The case is significant because corporate defendants tend to reflexively insulate senior management from depositions and discovery. In Marisco, the Court of Appeals ruled that when a senior executive has information that may lead to admissible evidence, that executive must be made available for deposition.