52 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,388 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 216,459 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 113,199 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
Scott v. Harris
550 U.S. 372 (2007) Cited 11,760 times 11 Legal Analyses
Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,231 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
Burlington Indus., Inc. v. Ellerth
524 U.S. 742 (1998) Cited 7,110 times 92 Legal Analyses
Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"
US Airways, Inc. v. Barnett
535 U.S. 391 (2002) Cited 1,072 times 29 Legal Analyses
Holding that "reasonable accommodation" in ADA means more than just effective accommodation
Holifield v. Reno
115 F.3d 1555 (11th Cir. 1997) Cited 1,960 times
Holding that in order to make a valid comparison as part of her prima facie case, the plaintiff must show that she and the comparator are "similarly situated in all relevant respects"
Standard v. A.B.E.L. Services, Inc.
161 F.3d 1318 (11th Cir. 1998) Cited 1,241 times
Holding that a manager's comment that "older people have more go wrong" did not show age based discriminatory intent against the employee because the comment was too vague and the manager was not involved in the termination decision
Damon v. Fleming Supermarkets of Fl., Inc.
196 F.3d 1354 (11th Cir. 1999) Cited 1,088 times
Holding that the decisionmaker's comment that "the company needed ... young men ... to be promoted" did not constitute direct evidence of age discrimination for a termination claim
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,985 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 28,306 times 171 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,523 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 12102 - Definition of disability
42 U.S.C. § 12102 Cited 10,803 times 40 Legal Analyses
Recognizing ADA claim where plaintiff is "regarded as" disabled
Section 12111 - Definitions
42 U.S.C. § 12111 Cited 8,032 times 60 Legal Analyses
Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
Section 12201 - Construction
42 U.S.C. § 12201 Cited 753 times 25 Legal Analyses
Holding that "an employer has no duty to accommodate an employee it regards as disabled"
Section 760.10 - Unlawful employment practices
Fla. Stat. § 760.10 Cited 527 times 16 Legal Analyses
Stating that it is unlawful to retaliate against "any person"
Section 760.01 - Purposes; construction; title
Fla. Stat. § 760.01 Cited 448 times 4 Legal Analyses
Stating the legislative intent is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status"
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,338 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"

Mcguire v. United Parcel Service, Inc.

52 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 that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit

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 "reasonable accommodation" in ADA means more than just effective accommodation

Holding that in order to make a valid comparison as part of her prima facie case, the plaintiff must show that she and the comparator are "similarly situated in all relevant respects"

Holding that a manager's comment that "older people have more go wrong" did not show age based discriminatory intent against the employee because the comment was too vague and the manager was not involved in the termination decision

Holding that the decisionmaker's comment that "the company needed ... young men ... to be promoted" did not constitute direct evidence of age discrimination for a termination claim

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

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Recognizing failure to accommodate as form of discrimination

Recognizing ADA claim where plaintiff is "regarded as" disabled

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

Holding that "an employer has no duty to accommodate an employee it regards as disabled"

Stating that it is unlawful to retaliate against "any person"

Stating the legislative intent is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status"

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"