United States Ninth Circuit

Summary judgment for defendants on Title VII and battery claims brought by former professional baseball players alleging racial discrimination in the provision of medical and supplemental income benefits to certain retired African-American players is affirmed where: 1) plaintiffs failed to make a prima facie showing of discrimination under Title VII; 2) alternatively, defendants had a legitimate non-discriminatory reason for the actions they took and such reason was nonpretextual; and 3) plaintiffs failed to offer evidence of the commission of a battery sufficient to survive summary judgment.

Appellate Information

• Argued 12/06/2005
• Decided 05/09/2006
• Published 05/09/2006

Judges

• REINHARDT, Circuit Judge., Before REINHARDT and RAWLINSON, Circuit Judges, and JEREMY D. FOGEL, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gerald M. Serlin (argued), Douglas G. Benedon, Benedon & Serlin, Woodland Hills, CA;  John R. DaCorsi, Jason L. Rumsey, DaCorsi & Placensio, Woodland Hills, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Howard Ganz (argued), Lary Alan Rappaport, Proskauer Rose LLP, Los Angeles, CA, for the defendants-appellees.