United States Third Circuit

Where affidavits and deposition testimony were in conflict regarding the date on which plaintiff-s employer established its official position regarding his termination and communicated that position by giving notice to the plaintiff, summary judgment dismissing plaintiff-s claim of unlawful discrimination as untimely was in error.

Appellate Information

• Argued 07/11/2001
• Decided 02/01/2002
• Published 02/01/2002

Judges

• Before SLOVITER, ALITO and GREENBERG Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Michael S. Haber (Argued), New York, NY, Michael J. Torchia, Semanoff, Ormsby and Greenberg, LLP, Jenkintown, PA, Attorneys for Appellant., Robert J. Gregory, Senior Attorney, Gwendolyn Young Reams, Philip B. Sklover, Lorraine C. Davis, Associate General, Counsel Equal Employment Opportunity Commission Washington, DC, Attorneys for Amicus-Appellant Equal Employment Opportunity Commission.


• For Appellees:
  
• Otto W. Immel, Jr. (Argued), Alan D. Berkowitz, Jane W. Voegele, Dechert, Price & Rhoads, Philadelphia, PA, Attorneys for Appellee.