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· 5/19/2003

Charles R. Pottenger v. Potlatch Corporation, a Delaware Corporation

Citations

  • 329 F.3d 740
  • 61 Fed. R. Serv. 388
  • 2003 Daily Journal DAR 5320
  • 2003 Cal. Daily Op. Serv. 4128
  • 2003 U.S. App. LEXIS 9562
  • 91 Fair Empl. Prac. Cas. (BNA) 1530
  • 2003 WL 21138956

How courts have described this case

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

  • holding that a “policy of committing employment 2 decisions in a RIF to the subjective discretion of its managers constitute[s] a specific employment 3 practice”
  • “Without more ... the fact that [the replacement] was younger than [the terminated employee] does not create a triable issue of pretext.”
  • “Summary judgment is appropriate BUDNICK v. TOWN OF CAREFREE 2321 when statistics do not support a disparate impact analysis.”
  • “Without more . . . the fact that Nelson[, the replacement,] was younger than Pottenger[, the terminated employee,] does not create a triable issue of pretext.”
  • summary judgment is appropriate when statistics do not support a disparate impact analysis
  • “Nor does the fact that the company moved a younger employee ahead of Pottenger on the CEO successor list suggest that [the company] acted with any discriminatory motive, for that employee had held a higher position in the company than Pottenger”

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Fletcher, Gould

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.