MURPHY

v.

LEHMAN, SECRETARY OF THE NAVY

Citator

Cited By (31 total)

• Gray v. Russell Corp., 681 So. 2d 310 (Fla. 1st DCA 1996)
  …esponsible for a statistically significant disparity, it should be established, among other things, that “race is the only evident variable separating the two groups.” See Taylor v. Teletype Corporation, 648 F. 2d 1129, 1133 (8th Cir.), cert. den’d, 454 U.S. 969, 102 S.Ct. 515, 70 L.Ed.2d 386 (1981). The evidence before the hearing officer clearly failed to satisfy this requirement. To reverse the ruling of the hearing officer for his failure to make a finding of disciplinary practices based upon his own…
• D.M.I., Inc. v. Deere & Co., 755 F.2d 1570 (Fed. Cir. 1985)
  …d 1565, 219 USPQ 1137 (Fed. Cir.1983). Indeed, in Kalman, 713 F. 2d at 770, this court quoted with approval this clear statement of the rule found in Deere & Co. v. Int’l Harvester Co., 658 F. 2d 1137, 1141, 211 USPQ 11, 16 (7th Cir.), cert. denied, 454 U.S. 969, 102 S.Ct. 514, 70 L.Ed.2d 386 (1981): Where some claims are broad and others narrow, the narrow claim limitations cannot be read into the broad whether to avoid invalidity or to escape infringement. The district court’s reliance on Hale Fire Pump…
• Gavalik v. Cont'l CAN Co., 812 F.2d 834 (3d Cir. 1987)
  …ld that the Bur-dine allocation of proof by which the ultimate burden of persuasion remains at all times with the plaintiff is inapplicable in a class action context. See Taylor v. Teletype Corp., 648 F. 2d 1129, 1137 n. 18 (8th Cir.), cert. denied, 454 U.S. 969, 102 S.Ct. 515, 70 L.Ed.2d 386 (1981) (Burdine does not affect a case of classwide discrimination where the evidence exposes the employer as “a proven wrongdoer” and creates a presumption — “unless the employer proves otherwise — that any class memb…