· 9/14/1988
William L. Clark v. Resistoflex Company, a Division of Unidynamics Corporation and Its Successor Crane Resistoflex Company, a Division of Crane Co.
Citations
- 854 F.2d 762
- 3 I.E.R. Cas. (BNA) 1584
- 10 Employee Benefits Cas. (BNA) 1013
- 1988 U.S. App. LEXIS 12348
- 47 Empl. Prac. Dec. (CCH) 38,326
- 47 Fair Empl. Prac. Cas. (BNA) 1548
- 1988 WL 88450
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing implication of information that supplements, rather than contradicts earlier information, distinguishing Radobenko v. Automated Equip. Corp., 520 F.2d 540, 543-544 (9th Cir.1975) which discussed proper treatment of inconsistencies in sworn evidence
- affidavit must be “so markedly inconsistent with the affiant’s prior deposition as to constitute an obvious sham.”
- plaintiff need only have general knowledge of his ADEA rights \'or the means of obtaining such knowledge'\
- “[T]he filing period is tolled unless or until the employee . . . acquires the “means” of such knowledge by consulting an attorney about the discriminatory act.”
- “Generally, . . . a district court must consider all the evidence before it and cannot disregard a party’s affidavit merely because it conflicts to some degree with an earlier statement.” (quotation marks omitted)
- applying similar provision of federal Age Discrimination in Employment Act
Source: CourtListener parenthetical corpus (CC0).
Judges: Thornberry, Williams, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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