United States Tenth Circuit

In an action alleging federal claims under the Age Discrimination in Employment Act (ADEA) and his correlative Oklahoma "Burk tort" claim, summary judgment for defendant is affirmed where it was not the employer's burden to negate any possible contributory role played by age in the challenged adverse action but, conversely, the employee's burden to show that age was the "but for" cause of the action.

Appellate Information

• Decided 06/22/2010
• Published 06/22/2010

Judges

• EBEL, Circuit Judge., Before McKAY, Circuit Judge, BRORBY, Senior Circuit Judge, and EBEL, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: J. Vince Hightower, Broken Arrow, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Stephanie K. Osteen and Christina A. Jump, of Akin Gump Strauss Hauer & Feld LLP, Dallas, TX, for Defendant-Appellee.