§Why CasetextPricing

Lackiram v. Montminy et al

Opposition re MOTION for Summary Judgment , Cross-Motion for Summary Judgment and Incorporated Memorandum of Law

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

    530 U.S. 133 (2000)   Cited 21,176 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"

  3. Burlington N. & Santa Fe Ry. Co. v. White

    548 U.S. 53 (2006)   Cited 11,306 times   104 Legal Analyses
    Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

  4. Mesnick v. General Elec. Co.

    950 F.2d 816 (1st Cir. 1991)   Cited 1,982 times
    Holding that plaintiff had not provided "direct or circumstantial" evidence to overcome summary judgment

  5. Quinn v. Green Tree Credit Corp.

    159 F.3d 759 (2d Cir. 1998)   Cited 1,185 times   3 Legal Analyses
    Holding that a strong temporal connection between the plaintiff's complaint and other circumstantial evidence is sufficient to raise an issue of fact with respect to pretext

  6. Jute v. Hamilton Sundstrand Corp.

    420 F.3d 166 (2d Cir. 2005)   Cited 884 times   3 Legal Analyses
    Holding the same with regard to the statute of limitations

  7. Maldonado-Denis v. Castillo-Rodriguez

    23 F.3d 576 (1st Cir. 1994)   Cited 1,243 times
    Holding supervisor can be liable for deliberate indifference "if he had the power and authority to alleviate it"

  8. Santiago-Ramos v. Centennial P.R. Wireless

    217 F.3d 46 (1st Cir. 2000)   Cited 976 times
    Holding that evidence of discriminatory animus may also serve to prove pretext

  9. O'Neal v. Ferguson Const. Co.

    237 F.3d 1248 (10th Cir. 2001)   Cited 579 times   1 Legal Analyses
    Holding that a filing with the Equal Employment Opportunity Commission is a protected activity

  10. Dey v. Colt Construction & Development Co.

    28 F.3d 1446 (7th Cir. 1994)   Cited 663 times   1 Legal Analyses
    Holding that a subordinate's discriminatory animus must "affect" the decision

  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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,557 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  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 151B:4 - Unlawful practices

    Mass. Gen. Laws ch. 151B § 4   Cited 874 times   15 Legal Analyses
    Prohibiting discrimination because of "sex, ... sexual orientation," etc.