United States Seventh Circuit

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Staub v. Proctor Hospital, 08-1316

In an adverse employment action brought under the Uniformed Services Employment and Reemployment Rights Act, district court judgment is reversed and remanded where: 1) there was insufficient evidence to support a verdict against defendant under the cat's paw theory, as plaintiff's strongest evidence of anti-military sentiment were statements by the non-decisionmaker that should not have been admitted; and 2) based on the remaining evidence a reasonable jury could not have concluded that plaintiff was fired because he was a member of the military.

Appellate Information

  • Argued 12/11/2008
  • Decided 03/25/2009
  • Published 03/25/2009

Judges

  • EVANS, Circuit Judge., Before MANION, EVANS, and TINDER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Julie L. Galassi (argued), Hasselberg, Rock, Bell & Kuppler, Peoria, IL, for Plaintiff-Appellee., Roy G. Davis (argued), Davis & Campbell, Peoria, IL, for Defendant-Appellant.
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