· 2/21/1995
Darlene Thomas v. International Business MacHines a New York Corporation Doing Business in the State of Oklahoma
Citations
- 48 F.3d 478
- 31 Fed. R. Serv. 3d 1403
- 1995 U.S. App. LEXIS 3314
- 66 Empl. Prac. Dec. (CCH) 43,479
- 67 Fair Empl. Prac. Cas. (BNA) 270
- 1995 WL 70248
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “hearsay testimony that would be inadmissible at trial may not be included in an affidavit to defeat summary judgment”
- explaining that at summary judgment, “the content or substance of the evidence must be admissible”
- stating that a party need not produce evidence in a form that would be admissible at trial, but the substance of the evidence must be admissible
- noting that “failure to argue an issue in the appellate brief . . . constitutes waiver, even when the appellant lists the issue in the notice of appeal”
- noting that “failure to argue an issue in the appellate brief . . . constitutes waiver, even when the appellant lists the issue in the notice of appeal”
- noting that prima facie case was not established where plaintiff did not allege or demonstrate that her low ranking, which was not in line with her prior rankings, was undeserved or the result of discriminatory animus
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Ebel, Vratil
Read full opinion on CourtListenerSourced 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.