51 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,184 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 217,149 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,539 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Nat'l R.R. Passenger Corp. v. Morgan
536 U.S. 101 (2002) Cited 10,320 times 31 Legal Analyses
Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,406 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
St. Mary's Honor Ctr. v. Hicks
509 U.S. 502 (1993) Cited 12,283 times 8 Legal Analyses
Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
Tex. Dept. of Cmty. Affairs v. Burdine
450 U.S. 248 (1981) Cited 19,997 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"
O'Connor v. Consolidated Coin Caterers Corp.
517 U.S. 308 (1996) Cited 2,070 times 7 Legal Analyses
Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”
Teamsters v. United States
431 U.S. 324 (1977) Cited 4,611 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
Oracle Corp. Sec. Lit. v. Oracle Corp.
627 F.3d 376 (9th Cir. 2010) Cited 2,492 times 1 Legal Analyses
Holding that an earnings miss, standing alone, is insufficient to establish loss causation; the market must have learned of and reacted to the company's fraudulent practices as opposed to the financial impact of those practices
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,128 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,193 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 10,850 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,105 times 17 Legal Analyses
Permitting the use of declarations instead
Section 12111 - Definitions
42 U.S.C. § 12111 Cited 8,054 times 60 Legal Analyses
Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
Section 105 - Executive agency
5 U.S.C. § 105 Cited 118 times 6 Legal Analyses
Noting an "Executive agency" includes "an Executive department, a Government corporation, and an independent establishment"
Section 3304 - Competitive service; examinations
5 U.S.C. § 3304 Cited 69 times
Requiring an individual to pass an examination to enter the competitive service
Section 3110 - Employment of relatives; restrictions
5 U.S.C. § 3110 Cited 14 times 1 Legal Analyses
(a) For the purpose of this section- (1) "agency" means- (A) an Executive agency; (B) an office, agency, or other establishment in the legislative branch; (C) an office, agency, or other establishment in the judicial branch; and (D) the government of the District of Columbia; (2) "public official" means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation
Section 2007 - Income withholding order
Me. Stat. tit. 17-A § 2007
1.Instructions for employer. When restitution is required of an offender who will not be commencing service of a period of institutional confinement, who does not receive a sentence that includes a period of probation and who is employed, the court shall, at the time of ordering restitution, enter a separate order for income withholding. When restitution is required of an offender who receives a sentence that includes a period of probation and who is employed, upon application of the offender's probation
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,358 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"
Section 1614.105 - Pre-complaint processing
29 C.F.R. § 1614.105 Cited 2,630 times 13 Legal Analyses
Requiring complainant initially to notify agency and make effort to resolve matter informally
Section 1614.302 - Mixed case complaints
29 C.F.R. § 1614.302 Cited 402 times 2 Legal Analyses
Recognizing that once a formal appeal or complaint is filed in either forum, it "shall be considered an election to proceed in that forum"
Section 353.301 - Restoration rights
5 C.F.R. § 353.301 Cited 47 times
Stating that "[a]n employee who separated because of a compensable injury and whose full recovery takes longer than 1 year . . . is entitled to priority consideration. . . ."
Section 353.304 - Appeals to the Merit Systems Protection Board
5 C.F.R. § 353.304 Cited 32 times
(a) Except as provided in paragraphs (b) and (c) of this section, an injured employee or former employee of an agency in the executive branch (including the U.S. Postal Service and the Postal Rate Commission) may appeal to the MSPB an agency's failure to restore, improper restoration, or failure to return an employee following a leave of absence. All appeals must be submitted in accordance with MSPB's regulations. (b) An individual who fully recovers from a compensable injury more than 1 year after
Section 330.705 - Applying ICTAP selection priority
5 C.F.R. § 330.705
(a) An agency must not appoint any candidate from outside its permanent competitive service workforce if there is an ICTAP selection priority candidate available for the vacancy, unless the personnel action to be effected is an exception under § 330.707 . (b) ICTAP selection priority applies to a vacancy that: (1) Is at a grade or pay level with a representative rate no higher than the representative rate of the grade or pay level of the ICTAP eligible's current or last permanent position of record;
Section 330.702 - Definitions
5 C.F.R. § 330.702
In this subpart: Agency means an Executive agency as defined in 5 U.S.C. 105 . Displaced describes an individual in one of the following categories: (1) A current career or career-conditional (tenure group I or II) competitive service employee of any agency at grade GS-15 (or equivalent) or below whose current performance rating of record is at least fully successful (Level 3) or equivalent and who: (i) Received a reduction in force (RIF) separation notice under part 351 of this chapter and has not

Frederic Collins v. Robert A. Mcdonald, et al

51 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, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

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 a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

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"

Holding that inference of age discrimination cannot be drawn from “replacement of one worker with another worker insignificantly younger”

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

Holding that an earnings miss, standing alone, is insufficient to establish loss causation; the market must have learned of and reacted to the company's fraudulent practices as opposed to the financial impact of those practices

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

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

Recognizing ADA claim where plaintiff is "regarded as" disabled

Permitting the use of declarations instead

Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

Noting an "Executive agency" includes "an Executive department, a Government corporation, and an independent establishment"

Requiring an individual to pass an examination to enter the competitive service

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"

Requiring complainant initially to notify agency and make effort to resolve matter informally

Recognizing that once a formal appeal or complaint is filed in either forum, it "shall be considered an election to proceed in that forum"

Stating that "[a]n employee who separated because of a compensable injury and whose full recovery takes longer than 1 year . . . is entitled to priority consideration. . . ."