United States Fifth Circuit

In an action against a bank alleging age discrimination in violation of the Age Discrimination in Employment Act (ADEA), summary judgment for the bank is affirmed where: 1) although for the limited purposes of establishing a prima facie case, plaintiff demonstrated that he was qualified for his position; 2) plaintiff failed to show that he was "otherwise discharged because of his age"; and 3) assuming arguendo that plaintiff established a prima facie case of age discrimination, the evidence showed that the bank undertook a major reorganization which eliminated plaintiff's position, and no evidence contradicted this legitimate, non-discriminatory reason for the termination.

Appellate Information

• Decided 07/12/2007
• Published 07/13/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph Y. Ahmad (argued), Ahmad, Zavitsanos & Anaipakos, Houston, TX, for Berquist., Jeffrey C. Londa, Robert Lewis Ivey (argued), Ogletree Deakins, Houston, TX, for Washington Mut. Bank.