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