Starr Pass Resort Developments, LLC v. Pima County
Syllabus
1. Did the trial court err in converting a motion to dismiss to one for summary judgment before an answer had been filed or discovery had commenced? 2. Did the trial court err in limiting supplemental briefing and not requiring statements of fact when it converted the motion to dismiss to one for summary judgment? 3. Did an issue of material fact exist regarding whether the plaintiff had a continuing right to fees collected from guests at the Starr Pass Resort? 4. Did the trial court abuse its discretion in awarding Pima County $70,170 in attorney fees over the plaintiff's objection that counsel engaged in block billing and the supporting affidavit did not indicate whether the fees had been paid or explain how counsel avoided billing for duplicative work?
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 government’s “shifting reasons for the non-promotion” of a black employee and inability to determine “who precisely” cancelled the sought-after position were sufficient to support an inference of intentional discrimination
- finding that an argument about \shifting and inaccurate explanations becomes more salient\ when accompanied by evidence of previous discriminatory comments
- explaining that courts evaluate this question “in light of the total circumstances of the case,” including “the plaintiff’s prima facie case”
- explaining that even where the employer’s action was “procedurally flawed,” the plaintiff “must still provide sufficient evidence that the government’s proffered explanation is pretext for racial discrimination”
- determining that “shifting reasons” for non-promotion of employee supported denial of summary judgment
- finding that the canceling of a promotion for a minority employee constituted an adverse employment action in a Title VII case when the promotion opportunity was not reopened and at least three other white employees were promoted during the relevant period
Source: CourtListener parenthetical corpus (CC0).
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.