United States Eighth Circuit

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Clark v. Mathews Int'l. Corp., 10-1037

In an action claiming that plaintiff was terminated and suffered other adverse employment actions due to his age, summary judgment for defendants is affirmed in part where: 1) a 4% drop in the employment rate of over-age-forty employees was not sufficient for purposes of establishing that age was a factor in a termination decision; and 2) plaintiff failed to create a triable issue of fact regarding whether he was intentionally selected for termination during the RIF at issue because of his age. However, the judgment is reversed in part where the court was unsure whether a Missouri court would find that there was a genuine issue of material fact regarding whether plaintiff's age was a contributing factor in his termination or the rejection of his request to join a certain division of the company.

Appellate Information

  • Decided 12/27/2010
  • Published 12/27/2010


  • Michael J. Melloy


  • United States Eighth Circuit