United States Ninth Circuit

In a suit alleging retaliatory discharge after plaintiff complained about co-workers and one of her supervisors, denial of defendant's motion for judgment as a matter of law is reversed where a final decision maker's wholly independent, legitimate decision to terminate an employee may insulate from liability a lower-level supervisor involved in the process who had a retaliatory motive to have the defendant fired.

Appellate Information

• Argued 11/09/2007
• Decided 02/12/2009
• Published 02/12/2009

Judges

• Before:  RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges and JUDITH M. BARZILAY, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• George P. Fisher, Portland, OR, for the plaintiff-appellee., Jenny M. Morf (argued), Assistant County Attorney;  Katie A. Lane, Assistant County Attorney, Portland, OR, for the defendant-appellant.