United States Seventh Circuit
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.