Luis E. Garcia, M.D. v. Copenhaver, Bell & Associates, m.d.'s, P.A., Defendant-Third Party St. Paul Fire & Marine Insurance Company, Third Party
104 F.3d 1256 | Court of Appeals for the Third Circuit | 1997
Holding Summary
Whether a defendant qualifies as an 'employer' under ADEA is a substantive element of the plaintiff's claim, not merely a jurisdictional question, and must be decided by a jury rather than dismissed by the judge under Rule 12(b)(1).
The jury, rather than the judge, should decide the disputed question.
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