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· 1/15/1998

Phyllis ROSE-MASTON, Appellant, v. NME HOSPITALS, INC., Doing Business as Lutheran Medical Center, Appellee

Citations

  • 133 F.3d 1104
  • 1998 U.S. App. LEXIS 451
  • 72 Empl. Prac. Dec. (CCH) 45,099
  • 75 Fair Empl. Prac. Cas. (BNA) 1534
  • 1998 WL 11051

How courts have described this case

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

  • holding that a plaintiff could \prove pretext either directly by showing that her employer was more likely motivated by a discriminatory reason or indirectly by showing that her employer's explanation is unworthy of credence\
  • noting that prior positive evaluations from the same employer may show that plaintiff performed competently in the past but do not render recent negative evaluations untrustworthy
  • finding that “[c]onclusory affidavits, standing alone, cannot create a genuine issue of material fact precluding summary judgment.”
  • finding that “[c]onclusory affidavits, standing alone, cannot create a genuine issue of material fact precluding summary judgment.”
  • explaining that while employee’s performance evaluations may demonstrate that employee performed well in the past, they did “not render her more recent negative evaluations inherently untrustworthy”
  • finding that employee failed to establish a prima facie case where employee offered no evidence qualifications or qualifications necessary for position sought, and instead made conclusory assertions that she was qualified for the position

Source: CourtListener parenthetical corpus (CC0).

Judges: Bowman, Wollman, Loken

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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