· 10/15/2007
Blair v. Henry Filters, Inc.
Citations
- 505 F.3d 517
- 2007 U.S. App. LEXIS 24091
- 90 Empl. Prac. Dec. (CCH) 42,971
- 101 Fair Empl. Prac. Cas. (BNA) 1345
- 2007 WL 2983158
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the evidence was “of doubtful relevance” where the sample size appeared to be very small and the parties did not present statistical analysis on that data
- holding that a “lack an objective plan for the [RIF] creates a genuine issue of material fact regarding whether th[e] explanation is credible,” where the “shedding of employees appears to have been chaotic, occurring in fits and starts”
- concluding “that the preponderance of evidence indicates that Tsolis[, the declarant,] had the authority to hire and fire salespeople, and therfore, Tsolis’s ‘younger sales force’ statement concerned a matter within the scope of his employment”
- noting that although the burdens of production shift between the parties, “[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff” (alteration in original
- stating the McDonnell Douglas — inspired prima facie elements did not constitute “rigid requirements”
- defining direct evidence as “evidence that proves the existence of a fact without requiring any inferences”
Source: CourtListener parenthetical corpus (CC0).
Judges: Batchelder, Moore, Mills
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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