· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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