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· 1/27/2012

Gacek v. Owens & Minor Distribution, Inc.

Citations

  • 666 F.3d 1142
  • 2012 WL 246524
  • 2012 U.S. App. LEXIS 1508
  • 114 Fair Empl. Prac. Cas. (BNA) 388

How courts have described this case

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

  • holding that statements concerning a person’s motiva- . tions for committing suicide express only a “‘theory’ or ‘surmise’” and noting that “anyone is entitled to speculate on a person’s motives from the known facts of his behavior”
  • holding a statement is not actionable “if it is plain that the speaker is expressing a subjective view, an interpretation, a theory, conjecture, or surmise”
  • noting that statements concerning a person’s motivations for committing suicide were not objectively verifiable
  • stating “adverse employment action” is required to establish the prima face case for retaliation
  • applying McDonnell Douglas to a section 1981 retaliation claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Melloy, Beam, Gruender

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.