United States Fifth Circuit

In an age discrimination action, summary judgment for defendant-employer is affirmed where: 1) plaintiff did not show that a comment by a coworker was proximate in time to the termination or related to the employment decision, and thus the comment could not qualify as direct evidence; and 2) plaintiff's assertion of innocence alone did not create a factual issue as to the falsity of defendant's proffered reason for terminating him.

Appellate Information

• Decided 03/03/2010
• Published 03/03/2010

Judges

Court

• United States Fifth Circuit

Counsel