Dabrowski V. Warner-Lambert Co‪.‬

DAVID A. NELSON, Circuit Judge. This is a diversity action in which defendant Warner-Lambert appeals from a judgment entered on a verdict for plaintiff Dabrowski. The jury found that Warner-Lambert discriminated against Mr. Dabrowski on the basis of age, thereby violating Michigan's Elliott-Larsen Civil Rights Acts, and also found that the company broke an implied employment contract, thereby incurring liability under the rule of Toussaint v. Blue Cross & Blue Shield of Michigan, 408 Mich. 579, 292 N.W.2d 880 (1980). Mr. Dabrowski cross-appeals, asserting that the trial court erred by not awarding him attorney fees and by letting the jury offset his pension benefits against his damages. We think there was insufficient evidence to support a jury verdict based on either age discrimination or implied contract,  and we shall therefore reverse the district court's judgment. This disposition of the case render the cross-appeal moot.