49 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,728 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,750 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Reeves v. Sanderson Plumbing Prods., Inc.
530 U.S. 133 (2000) Cited 21,146 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,303 times 95 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Sutton v. United Air Lines, Inc.
527 U.S. 471 (1999) Cited 2,896 times 12 Legal Analyses
Holding that " person whose physical or mental impairment is corrected by medication or other measures does not have an impairment that presently 'substantially limits' a major life activity."
Price Waterhouse v. Hopkins
490 U.S. 228 (1989) Cited 4,613 times 161 Legal Analyses
Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"
Hazen Paper Co. v. Biggins
507 U.S. 604 (1993) Cited 1,909 times 14 Legal Analyses
Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other
Alexander v. Choate
469 U.S. 287 (1985) Cited 1,234 times 3 Legal Analyses
Holding that an accommodation is reasonable under the ADA if it provides "meaningful access to the benefit that the [prison] offers"
Deville v. Marcantel
567 F.3d 156 (5th Cir. 2009) Cited 1,074 times
Holding an officer has no reason to believe a noncompliant driver in a parked car with the engine running is a threat
Fontenot v. Upjohn Co.
780 F.2d 1190 (5th Cir. 1986) Cited 2,644 times
Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,482 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 37,992 times 240 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Section 12101 - Findings and purpose
42 U.S.C. § 12101 Cited 23,419 times 65 Legal Analyses
Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,157 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Section 621 - Congressional statement of findings and purpose
29 U.S.C. § 621 Cited 17,475 times 21 Legal Analyses
Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 16,659 times 105 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
Fed. R. Civ. P. 50 Cited 13,634 times 62 Legal Analyses
Allowing "renewed motion"
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,555 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,698 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 10,820 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,345 times 141 Legal Analyses
Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

Kitchen vs. BASF

49 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding that " person whose physical or mental impairment is corrected by medication or other measures does not have an impairment that presently 'substantially limits' a major life activity."

Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"

Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other

Holding that an accommodation is reasonable under the ADA if it provides "meaningful access to the benefit that the [prison] offers"

Holding an officer has no reason to believe a noncompliant driver in a parked car with the engine running is a threat

Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting equal rights to "make and enforce contracts" without regard to race

Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

Holding that such a statement must merely be made by the party and offered against that party

Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Allowing "renewed motion"

Recognizing failure to accommodate as form of discrimination

Recognizing exception to rule against hearsay for records of regularly conducted activities

Recognizing ADA claim where plaintiff is "regarded as" disabled

Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"