Pippin v. Burlington Resources Oil & Gas Co.

How courts have described this case

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

• holding that granting leave to file a surreply is part of the “supervision of litigation” and thus falls within the discretion of the district court
• holding that “to prevail on an ADEA disparate impact claim, an employee must ultimately persuade the factfinder that the employer’s asserted basis for the neutral policy is unreasonable.”
• noting that the decisionmaker’s perception of a candidate’s qualifications is the necessary focus when examining whether an employer’s decision was pretextual
• explaining that an employment dis- crimination plaintiff in a RIF case may show pretext by presenting ev- idence that the plaintiff’s position was not actually eliminated
• finding that “an employer may cho[o]se to conduct its RIF according to its preferred criteria of performance, and we will not disturb that exercise of defendant’s business judgment”
• stating that a plaintiff can show pretext by “showing that the defendant actively sought to replace a number of RIF-terminated employees with new hires during the RIF general time frame”

Source: CourtListener parenthetical corpus (CC0).