Legal Opinion

Kneisley v. Hercules Inc.

District Court, D. Delaware

Decided December 30, 1983No. Civ. A. 79-310 MMSPublishedCited by 6 opinions

1Opinion of the Court

OPINION

MURRAY M. SCHWARTZ, District Judge.

This is a civil action brought by a former employee of Hercules, Inc. under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq. (1976). 1 The parties raised five issues at a pretrial conference. These are: (1) whether plaintiff may proceed under a theory that he was victimized by a discriminatory reduction-in-force plan; (2) whether plaintiff must prove at trial that he was replaced by a younger employee; (3) whether testimony of similarly situated employees is admissible to prove age discrimination against plaintiff; (4)…

2Cases cited39 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
  4. Furnco Construction Corp. v. WatersSupreme Court of the United States · 1978
  5. Lorillard v. PonsSupreme Court of the United States · 1978

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3Cited by6 opinions

  1. McKenzie v. Carroll International Corp.West Virginia Supreme Court · 2004
  2. Shea v. Hanna Mining Co.Court of Appeals of Minnesota · 1986
  3. Slenkamp v. Borough of BrentwoodDistrict Court, W.D. Pennsylvania · 1985
  4. Oxman v. WLS-TVDistrict Court, N.D. Illinois · 1985
  5. Van Heest v. McNeilab, Inc.District Court, D. Delaware · 1985

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