EARLES ET AL.

v.

UNITED STATES

Citator

Cited By

• Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (U.S. 2000)
  …ve proof of pretext), and with Fisher v. Vassar College, 114 F. 3d 1332 (CA2 1997) (en banc) (plaintiff must introduce sufficient evidence for jury to find both that employer’s reason was false and that real reason was discrimination), cert. denied, 522 U. S. 1075 (1998); Rhodes v. Guiberson Oil Tools, 75 F. 3d 989 (CA5 1996) (same); Theard v. Glaxo, Inc., 47 F. 3d [*141] 676 (CA4 1995) (same); Woods v. Friction Materials, Inc., 30 P. 3d 255 (CA1 1994) (same). II Under the ADEA, it is “unlawful for an emplo…
• Roderic R. McDOWELL v. Pernell Brown, 392 F.3d 1283 (11th Cir. 2004)
  …, 137 L.Ed.2d 626 (1997)). We defined custom as “a practice that is so settled and permanent that it takes on the force of the law.” Wayne, 197 F. 3d at 1105 (quoting Sewell v. Town of Lake Hamilton, 117 F. 3d 488, 489 (11th Cir.1997), cert. denied, 522 U.S. 1075, 118 S.Ct. 852, 139 L.Ed.2d 753 (1998)). In order for a plaintiff to demonstrate a policy or custom, it is “generally necessary to show a persistent and wide-spread practice.” Id. (internal quotations and citations omitted). See also, Church v. City…
• Sec. & Exch. Comm'n v. Calvo, 378 F.3d 1211 (11th Cir. 2004)
  …ction. When the United States brings suit in its sovereign capacity, a statute of limitations does not ordinarily apply unless Congress has expressly provided otherwise. See United States v. Banks, 115 F. 3d 916, 919 (11th Cir.1997), cert. denied, 522 U.S. 1075, 118 S.Ct. 852, 139 L.Ed.2d 752 (1998). Where, however, the government’s action vindicates a private interest, the defense is typically available. See id. In this instance, the United States is acting in its sovereign capacity. In suing to enfor…