United States Sixth Circuit

In an action claiming that defendant terminated plaintiff based on her race, summary judgment for defendant is affirmed where: 1) defendant had ample evidence of plaintiff's performance problems; 2) no reasonable jury could find that it was "more likely than not" that plaintiff's performance was a pretext for an illegal motive; and 3) plaintiff failed to create a genuine issue of material fact as to pretext on her retaliation claim.

Appellate Information

• Argued 06/11/2009
• Decided 09/08/2009
• Published 09/08/2009

Judges

• Before MARTIN and KETHLEDGE, Circuit Judges; WATSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Bryan L. Monaghan, Law Office of Bryan Monaghan, Rochester, Michigan, for Appellant. Edward J. Bardelli, Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellee. ON BRIEF:Bryan L. Monaghan, Law Office of Bryan Monaghan, Rochester, Michigan, for Appellant. Edward J. Bardelli, Amanda M. Fielder, Matthew T. Nelson, Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellee.