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· 11/2/2007

Bennett v. Saint-Gobain Corp.

Citations

  • 507 F.3d 23
  • 2007 U.S. App. LEXIS 25586
  • 90 Empl. Prac. Dec. (CCH) 43,003
  • 101 Fair Empl. Prac. Cas. (BNA) 1686
  • 2007 WL 3227393

How courts have described this case

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

  • noting that when it comes to employer discipline, “what counts is what the decisionmaker . . . believed”
  • holding plaintiff may not rely exclusively “on bald assertions, unsupported conclusions, or optimistic surmises” to defeat summary judgment
  • addressing under third step of McDonnell Douglas inquiry argument that ADEA plaintiff did not actually engage in misconduct
  • affirming denial of reconsideration where newly - 44 - raised evidence, even if considered, \would not have affected the bottom-line result\
  • noting, in the employment context, that discriminatory comments made by a non-decisionmaker were \nothing more than stray remarks . . . . insufficient to block summary judgment\
  • rejecting a litigant’s characterization of evidence as newly discovered and determining that “it is clear from the plaintiff’s own admissions that the additional evidence was merely newly proffered, not newly discovered.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Selya, Schwarzer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.