· 6/16/2015
Portia Surtain v. Hamlin Terrace Foundation
Citations
- 789 F.3d 1239
- 31 Am. Disabilities Cas. (BNA) 1259
- 24 Wage & Hour Cas.2d (BNA) 1517
- 24 Wage & Hour Cas. (BNA) 1517
- 2015 U.S. App. LEXIS 10100
- 127 Fair Empl. Prac. Cas. (BNA) 833
- 2015 WL 3719501
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court did not err in sua sponte dismissing a claim after entry of default because the plaintiff failed to provide a sufficient basis for the judgment
- holding that the McDonnell Douglas framework is “the wrong legal standard” to apply at the pleading stage
- ruling that “McDonnell Douglas’s burden-shifting framework is an evidentiary standard, not a pleading requirement.”
- holding that knowledge that an employee visited a doctor and had a doctor's excuse for not returning to work was not enough to show the employer perceived the employee as disabled
- noting that “a sufficient basis” standard is akin to that necessary to survive a motion to dismiss for failure to state a claim
- noting that a “default judgment is like a reverse motion to dismiss for failure to state a claim”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Marcus, Pryor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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