Leadbetter v. Gilley’s Empirical Analysis

Citation profile

18 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To establish a prima facie claim of racial discrimination based on a failure to promote under Title VII of the Civil Rights Act of 1964, a plaintiff generally must demonstrate that: (1) he is a member of a protected class; (2) he applied and was qualified for a promotion; (3) he was considered for and denied the promotion; and (4) other employees of similar qualifications who were not members of the protected class received promotions. After a plaintiff creates a presumption of discrimination by establishing a prima facie case, a defendant may rebut the presumption by proffering a legitimate, nondiscriminatory reason for its decision. The plaintiff then bears the burden of showing that the defendant’s proffered reason is pretextual. A plaintiff can demonstrate pretext by showing that the proffered reason (1) has no basis in fact, (2) did not actually motivate the defendant’s challenged conduct, or (3) was insufficient to warrant the challenged conduct. If a plaintiff can show that the defendant’s proffered, nondiscriminatory reason is pretextual, the trier of fact may infer discrimination. Nevertheless, the ultimate burden of proof to show discrimination remains on the plaintiff at all times.”

   1 later decision quote this exact passage · from the majority
   e.g. Hill v. Forum Health

2. “). 21 3. Defendant's failure to ask about damages is irrelevant 22 According to Andretti, Borla should be estopped from arguing that there is no evidence of damages because Borla either knew of Andretti's damages or failed to elicit evidence concerning damages during discovery. This line of reasoning is without merit because once the movant of a summary judgment motion satisfies its burden by demonstrating the absence of a genuine issue of material fact, the nonmoving party”

   1 later decision quote this exact passage · from the majority
   e.g. Andretti v. Borla Performance Industries, Inc.

3. “In order for two or more employees to be considered similarly-situated for purposes of creating an inference of disparate treatment in a reverse discrimination case, the plaintiff must prove that all of the relevant aspects of his employment situation are nearly identical to those of the [ ] employee who he alleges was treated more favorably.”

   1 later decision quote this exact passage · from the majority
   e.g. 284 F. App'x 247 - Doreen Fuelling v. New Vision Med. Laboratories