§Why CasetextPricing

Breen et al v. Mineta et al

Memorandum in opposition to re MOTION for Summary Judgment

40 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,092 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"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,065 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"

  3. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,377 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. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,106 times   1 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

  5. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,608 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile

  6. Albemarle Paper Co. v. Moody

    422 U.S. 405 (1975)   Cited 2,614 times   5 Legal Analyses
    Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

  7. Griggs v. Duke Power Co.

    401 U.S. 424 (1971)   Cited 2,764 times   34 Legal Analyses
    Holding that § 703(h) does not protect use of testing requirements with a disparate impact on racial minorities where the tests were not shown to be related to job performance

  8. Smith v. City of Jackson

    544 U.S. 228 (2005)   Cited 655 times   57 Legal Analyses
    Holding that "when Congress uses the same language in two statutes having similar purposes, particularly when one is enacted shortly after the other, it is appropriate to presume that Congress intended that text to have the same meaning in both statutes."

  9. Lehman v. Nakshian

    453 U.S. 156 (1981)   Cited 1,015 times
    Holding that exceptions to the limitations and conditions upon which the Government consents to be sued "are not to be implied"

  10. Aka v. Washington Hospital Center

    156 F.3d 1284 (D.C. Cir. 1998)   Cited 1,145 times   8 Legal Analyses
    Holding that "a plaintiff's discrediting of an employer's stated reason for its employment decision is entitled to considerable weight"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,670 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  13. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,440 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

  14. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 4,953 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  15. Section 633a - Nondiscrimination on account of age in Federal Government employment

    29 U.S.C. § 633a   Cited 1,273 times   18 Legal Analyses
    Extending antidiscrimination provisions to federal employees, but providing such employees a different remedy for violations

  16. Section 501 - Office of Management and Budget

    31 U.S.C. § 501   Cited 13 times   1 Legal Analyses

    The Office of Management and Budget is an office in the Executive Office of the President. 31 U.S.C. § 501 Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 886. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code Source (Statutes at Large) 501 31:16(1st sentence). June 10, 1921, ch. 18, §207(1st sentence), 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, §1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, §102(a), 84 Stat. 2085; restated Mar. 2, 1974, Pub. L. 93-250, §1

  17. Section 2109 - Air traffic controller; Secretary

    5 U.S.C. § 2109   Cited 5 times

    For the purpose of this title- (1) "air traffic controller" or "controller" means a civilian employee of the Department of Transportation or the Department of Defense who, in an air traffic control facility or flight service station facility- (A) is actively engaged- (i) in the separation and control of air traffic; or (ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or (B) is the immediate supervisor of any employee described in subparagraph (A); and (2)