Legal Opinion
Anthony Carroll v. Delaware River Port Authority
Court of Appeals for the Third Circuit
Decided December 12, 2016No. 16-2492PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
FUENTES, Circuit Judge.
After the District Court denied Plaintiff Anthony J. Carroll’s motion for partial summary judgment and Defendant' Delaware River Port Authority’s motion for summary judgment, it certified the following legal question for our review: in a failure-to-promote discrimination suit under the Uniformed Services Employment and Reemployment Rights Act (“USER-RA,” 38 U.S.C. § 4301, et seq.), must a plaintiff plead and prove that he or she was objectively qualified for the position sought? We now answer that question in the negative. In our view, plaintiffs…
2Cases cited16 opinions
- National Labor Relations Board v. Transportation Management Corp.Supreme Court of the United States · 1983
- Mary Burton v. Teleflex IncCourt of Appeals for the Third Circuit · 2013
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
- Edward R. Williams Angelynne Williams, H/w v. Philadelphia Housing Authority Police Department, Edward R. WilliamsCourt of Appeals for the Third Circuit · 2004
- William M. Gummo v. Village of Depew, New YorkCourt of Appeals for the Second Circuit · 1996
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3Cited by11 opinions
- Kenneth Savage v. Federal Express Corp.Court of Appeals for the Sixth Circuit · 2017
- Behalf v. Am. Airlines Grp., Inc.District Court, E.D. Pennsylvania · 2019
- HOBBS v. UNITED STATES DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR OF LABORDistrict Court, D. New Jersey · 2023
- HOBBS v. UNITED STATES DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR OF LABORDistrict Court, D. New Jersey · 2025
- John Annarumma v. City of High Springs FloridaCourt of Appeals for the Eleventh Circuit · 2021
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