Jeffrey Wiest v. Tyco Electronics Corp

How courts have described this case

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

• holding that employer’s decision to terminate employee without following progressive disciplinary practices was not evidence that it had considered protected actions in its decision to terminate
• holding that the appellant’s proposed application of the law of the case doctrine amounted to a “critical misapplication of the fundamental distinction between a motion to dismiss under Rule 12(b)(6) and a motion for summary judgment under Rule 56.”
• “[T]he record overwhelmingly demonstrates ‘legitimate intervening event[s],’ such that any causal connection that could be derived from [temporal proximity] was severed.” (first alteration in original)
• “If the moving party satisfies its burden, the burden then shifts to the nonmoving party to go beyond the pleadings and come forward with specific facts showing that there is a genuine issue for trial.”
• “conjecture and speculation” cannot create a genuine issue of material fact
• analyzing temporal proximity based on last instance of protected activity

Source: CourtListener parenthetical corpus (CC0).