Sheppard v. David Evans & Assoc.’s Empirical Analysis
694 F.3d 1045 · 2012
Citation profile
6 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 623 (§ 4 of the Age Discrimination in Employment Act of 1967)
Relies on Bell Atlantic Corp. v. Twombly · McDonnell Douglas Corp. v. Green · Ashcroft v. Iqbal · Swierkiewicz v. Sorema N. A. · Hazen Paper Co. v. Biggins
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To prevail on a claim of wrongful discharge, a plaintiff “must establish a ‘causal connection’ between a protected activity and the discharge.” Estes [v. Lewis & Clark College, 152 Or.App. 372 ], 954 P.2d [792] at 796-97 [(1998)] (quoting Shockey v. City of Portland, 313 Or. 414 , 837 P.2d 505, 507 (1992)). A “causal connection” requires a showing that “the employee’s protected activity [was] a substantial factor in the motivation to discharge the employee.” Id. at 797 (internal quotation marks omitted). “[T]o be a substantial factor, the employer’s wrongful purpose must have been a factor that made a difference in the discharge decision.” Id. (internal quotation marks omitted).”
1 later decision quote this exact passage · from the majority“A plaintiff who believes that she has been passed over for a promotion because of her sex will be able to plead that she was employed by Company X, that a promotion was offered, that she applied and was qualified for it, and that the job went to someone else. That is an entirely plausible scenario, whether or not it describes what “really” went on in this plaintiffs case. A more complex case involving financial derivatives, or tax fraud that the parties tried hard to conceal, or antitrust violations, will require more detail, both to give the opposing party notice of what the case is all about and to show how, in the plaintiffs mind at least, the dots should be connected.”
1 later decision quote this exact passage · from the majority“(1) she was at least forty years old; (2) she was performing her job satisfactorily; (3) [she was] discharged; and (4) [she was] either replaced by a substantially younger employee with equal or inferior qualifications or discharged under circumstances otherwise giving rise to an inference of age discrimination.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.