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· 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

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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.