By: Derek Hawkins//September 28, 2015//
Civil
7th Circuit Court of Appeals
Officials: WOOD, Chief Judge, and EASTERBROOK and SYKES, Circuit Judges.
Title VII – Frivolous Appeal
No. 14-1511 Afram Boutros v. Avis Rent A Car System, LLC
Appellants appeal on basis of evidentiary error and denial of post-trial motion held as frivolous.
“The Rule 403 argument is frivolous. Boutros did not object to this evidence on Rule 403 grounds, so the claim is unpreserved. See FED.R.EVID. 103(a);see also Williams v. Dieball, 724 F.3d 957, 961–63 (7th Cir. 2013). Although Rule 103 permits plain-error review of forfeited claims of evidentiary error, in civil cases this review is available only in “extraordinary circumstances.” Williams, 724 F.3d at 963. This requires Boutros to show that “(1) exceptional circumstances exist; (2) substantial rights are affected; and (3) a miscarriage of justice will result” if review is denied. Id. (quoting Estate of Moreland v. Dieter, 395 F.3d 747, 756 (7th Cir. 2005)). Boutros has neither acknowledged nor made any effort to shoulder this burden.”
Affirmed.
Order to Show Cause Issued