Arismendez v. Nightingale Home Health Care, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating under an analogous standard that “remarks may serve as sufficient evidence of . . . discrimination if the offered comments are: 1
• stating remarks may serve as evidence of discrimination if “made by an individual with authority over the employment decision”
• applying the same standard in a case removed from state court
• “There must be more than a mere scintilla of evidence in the record to prevent judgment as a matter of law in favor of the movant.”
• “We need not determine whether the relevant statutory caps constitute affirmative defenses under Texas law. Assuming arguendo that the statutory caps are affirmative defenses, [the plaintiff] has not shown that [the defendant] waived the defense.”
• “Under the Texas statute, to establish an unlawful employment practice, [the plaintiff] need only prove that discrimination was ‘a motivating factor’ in the employer’s decision . . . rather than a ‘but for’ cause as Title VII requires.”

Source: CourtListener parenthetical corpus (CC0).