United States Fifth Circuit

In an action brought against CIBA alleging sex discrimination and defamation, summary judgment for CIBA is affirmed where: 1) the record demonstrated that CIBA thought plaintiff turned in a false report and that she was terminated for that reason; 2) plaintiff failed to raise a genuine issue of material fact as to whether such explanation was merely pretext, such that a reasonable factfinder could infer discrimination; 3) plaintiff waived a mixed-motive claim; and 4) for purposes of the defamation claim, no evidence in the record indicated that a statement in a yearly company Annual Report regarding a "serious abuse of expense claims" concerned plaintiff.

Appellate Information

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

Judges

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

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gregg M. Rosenberg (argued), Gregg M. Rosenberg & Associates, Houston, TX, for Nasti.


• For Appellees:
  
• Teresa S. Valderrama (argued), Baker Botts, Houston, TX, for Defendant-Appellee.