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· 11/8/1995

Mary COOK, Plaintiff-Appellant, v. ARROWSMITH SHELBURNE, INC., KDT Industries, Inc., and Clifton Lind, Defendants-Appellees

Citations

  • 69 F.3d 1235
  • 1995 U.S. App. LEXIS 31622
  • 67 Empl. Prac. Dec. (CCH) 43,771
  • 69 Fair Empl. Prac. Cas. (BNA) 392

How courts have described this case

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

  • concluding that, while the first Johnson factor weighed against plaintiff, factors two and three strongly weighed in her favor
  • holding that third factor favored plaintiff where “there were no EEOC proceedings in the instant case and [defendant] could not have been prejudiced in any way”
  • holding that plaintiff presented \sufficient direct evidence of gender discrimination\ to survive summary judgment where supervisor said that women were \basically... on the earth for fucking purposes only\ and referred to female employees as \a bunch of dumb cunts\
  • finding that the named and unnamed parties have “identical” interests when the unnamed party “approves all personnel decisions at [the named party]”
  • finding that the identity of interest exception applies to the parent company and its subsidiaries where that parent “approves all personnel decisions” of its wholly-owned subsidiary
  • explaining that a plaintiff alleging gender discrimination can satisfy his prima facie case by showing that the employer hired a person of a different gender to replace him

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Jacobs, Cabranes

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.