WEAVER ET AL.
v.
ANDERSON COUNTY FISCAL COURT ET AL.

U.S. | 1988-10-03
No. 88-194
488 U.S. 855 Supreme Court of the United States (1988) Positive Treatment
Cited by 3 cases

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  • Elius Lamar Reed v. Amax Coal Co., 971 F.2d 1295 (7th Cir. 1992)
    …prima facie case, a plaintiff must show that (1) he was a member of a protected class (2) who was qualified for his job (3) but was discharged while those in other classes were not. Andre v. Bendix Corp., 841 F. 2d 172, 175 (7th Cir.), cert. denied, 488 U.S. 855, 109 S.Ct. 144, 102 L.Ed.2d 116 (1988). If the plaintiff cannot meet one of the prongs of this test, summary judgment is properly entered in favor of the defendant. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1…
  • Frame v. S-H, Inc., 967 F.2d 194 (5th Cir. 1992)
    …aware that striking pleadings, which is specifically authorized in cases of extreme discovery abuse in Fed. R.Civ.P. 37(b)(2), is a draconian remedy of last resort. See, e.g., Sciambra v. Graham News Co., 841 F. 2d 651, 655 (5th Cir.), cert, denied, 488 U.S. 855, 109 S.Ct. 143, 102 L.Ed.2d 115 (1988); Batson v. Neal Spelce Assoc., 765 F. 2d 511, 516 (5th Cir.1985). In the end, however, the question is whether the district court abused its discretion. See Lamar Fin. Corp., 918 F. 2d at 567. We have thoroughl…
  • Kizer v. Child's. Learning Ctr., 962 F.2d 608 (7th Cir. 1992)
    …r and satisfactorily performing the duties of her job. Lee v. National Can Corp., 699 F. 2d 932, 936 (7th Cir.), cert. denied, 464 U.S. 845, 104 S.Ct. 148 [78 L.Ed.2d 138] (1983).” Andre v. Bendix Corp., 841 F. 2d 172, 175 (7th Cir.), cert. denied, 488 U.S. 855, 109 S.Ct. 144, 102 L.Ed.2d 116 (1988) (citations omitted) (emphasis added). Thus, in order to meet her burden of establishing a prima facie case of discriminatory discharge, Kizer “must therefore show both that she was qualified for and satisfactor…

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