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· 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 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.