Evidence, Summary Judgment, Employment Discrimination

Adverse employment actions require a decision maker. Make sure you have one.

Constangy, Brooks, Smith & Prophete, LLP on 7/17/2025

Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more

This Week in eDiscovery: Privilege Logs are Evidence Too

Array on 7/3/2025

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 22-28. Here’s what’s...more

Privilege Log Helps Defeat Summary Judgment on One Count

EDRM - Electronic Discovery Reference Model on 6/26/2025

In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

Carlton Fields on 1/13/2020

In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

Good Reasons Sometimes Win: 5th Circuit Cites “Unprofessional Behavior” of Plaintiff in Dismissing ADEA Claim

Bradley Arant Boult Cummings LLP on 11/1/2019

Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more

“Convincing Mosaic” Busted: Seventh Circuit Shatters Summary Judgment Standard for Discrimination Claims

Seyfarth Shaw LLP on 9/9/2016

Seyfarth Synopsis: In a recent decision, the Seventh Circuit clarifies that plaintiffs need not present a “convincing mosaic” of direct or indirect evidence of discrimination to withstand summary judgment. Rather, the...more

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on 9/1/2016

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

Holland & Knight LLP on 8/25/2016

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more

New York Federal Court Judge Expresses Dismay Over NYC Human Rights Law Claim Legal Standard

Mintz - Employment, Labor & Benefits... on 3/11/2016

Sometimes a judge says what many of us are already thinking. In Rivera v. Crowell & Moring L.L.P., Katherine B. Forrest was that judge....more

Evidence › Summary Judgment › Employment Discrimination

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