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McGilberry v. Select Specialty Hospital

MEMORANDUM in Support re MOTION for Summary Judgment

44 Cited authorities

  1. Reeves v. Sanderson Plumbing Prods., Inc.

    530 U.S. 133 (2000)   Cited 21,172 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"

  2. Univ. of Tex. Sw. Med. Ctr. v. Nassar

    570 U.S. 338 (2013)   Cited 5,245 times   78 Legal Analyses
    Holding that application of the " ‘because’ of" requirement of Title VII's antiretaliation provision requires proof of "but-for" causation

  3. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,366 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

  4. Tex. Dept. of Cmty. Affairs v. Burdine

    450 U.S. 248 (1981)   Cited 19,989 times   9 Legal Analyses
    Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

  5. Little v. Liquid Air Corp.

    37 F.3d 1069 (5th Cir. 1994)   Cited 12,440 times   5 Legal Analyses
    Holding that a mere scintilla of evidence does not create a genuine issue of material fact

  6. McCoy v. Shreveport

    492 F.3d 551 (5th Cir. 2007)   Cited 1,627 times   3 Legal Analyses
    Holding that the plaintiff did not suffer a legally actionable adverse employment action necessary for her discrimination claim because the summary judgment evidence showed that she retired voluntarily, not as the result of a constructive discharge

  7. TIG Insurance v. Sedgwick James of Washington

    276 F.3d 754 (5th Cir. 2002)   Cited 1,373 times
    Holding that conclusory assertions are insufficient to avoid summary judgment

  8. Lee v. Kansas

    574 F.3d 253 (5th Cir. 2009)   Cited 932 times   3 Legal Analyses
    Holding that the infraction record of employees must be "comparable" in order for them to be similarly situated

  9. Okoye v. University of Texas Houston Health

    245 F.3d 507 (5th Cir. 2001)   Cited 977 times
    Holding plaintiff was not similarly situated to others who committed similar violations because unlike him, they had not previously assaulted a co-worker

  10. Byers v. Dallas Morning News

    209 F.3d 419 (5th Cir. 2000)   Cited 984 times   5 Legal Analyses
    Holding that discrimination cannot be shown simply by a plaintiff's "subjective belief that [defendant] discriminated against him"

  11. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,045 times   247 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  12. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,454 times   316 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals

  13. Section 1320a-7a - Civil monetary penalties

    42 U.S.C. § 1320a-7a   Cited 214 times   104 Legal Analyses
    Authorizing judicial review

  14. Section 43-13-207 - Kickbacks and bribes

    Miss. Code § 43-13-207

    A person shall not solicit, offer or receive a kickback or bribe in the furnishing of goods or services for which payment is or may be made in whole or in part pursuant to the Medicaid program, or make or receive any such payment, or receive a rebate of a fee or charge for referring an individual to another person for the furnishing of such goods or services. Miss. Code § 43-13-207 Laws, 1984, ch. 503, § 4, eff. 5/15/1984.