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· 2/21/2006

Charles R. Mattenson, Plaintiff-Appellee/cross-Appellant v. Baxter Healthcare Corporation, Defendant-Appellant/cross-Appellee

Citations

  • 438 F.3d 763
  • 2006 U.S. App. LEXIS 4039
  • 87 Empl. Prac. Dec. (CCH) 42,269
  • 97 Fair Empl. Prac. Cas. (BNA) 839
  • 2006 WL 387947

How courts have described this case

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

  • noting that it is the employee’s responsibility to “present persuasive evidence of inability to find a substitute job”
  • finding that a fifty-one year-old plaintiffs failure to obtain a position based on twenty-three applications did not entitle him to a front pay award until age sixty-five “in order that he can play golf eight hours a day”
  • noting the McDonnell Douglas burden-shifting formula for proving discrimination “is intended for the guidance of the judge when asked to resolve a case on summary judgment”
  • “The work- product doctrine shields materials that are prepared in anticipation of litigation from the opposing party”
  • “[P]rovided the prospect of litigation was not remote . . . , the fact that the case hadn’t begun and might never be brought did not disqualify [attorney’s] jottings from the shelter of the work-product doctrine.”
  • “[A] party seeking to invoke the crime-fraud exception must at least demonstrate that there is probable cause to believe that a crime or fraud has been attempted or committed and that the communications were in furtherance thereof.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Posner, Wood

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.