Legal Opinion

Fitzgerald v. Action, Inc.

Court of Appeals for the Eighth Circuit

Decided April 4, 2008No. 07-2199PublishedCited by 60 opinions

1Opinion of the Court

BYE, Circuit Judge.

Danny Fitzgerald appeals the district court’s grant of summary judgment in favor of his former employer, Action, Inc., on his claims of age discrimination and interference with employment benefits. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I

The facts, viewed in the light most favorable to Fitzgerald, Dush v. Appleton Elec. Co., 124 F.3d 957, 962-63 (8th Cir. 1997) (summary judgment standard), show the following. He began working for Action as a shop hand on November 12, 2003. At the time, he was fifty years old, and…

2Cases cited29 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  3. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  4. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  5. Alberto Dominguez-Cruz and Nydia Negron-Ramos v. Suttle Caribe, Inc.Court of Appeals for the First Circuit · 2000

24 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Murray v. LeneCourt of Appeals for the Eighth Circuit · 2010
  2. Pye v. Nu Aire, Inc.Court of Appeals for the Eighth Circuit · 2011
  3. Tusing v. Des Moines Independent Community School DistrictCourt of Appeals for the Eighth Circuit · 2011
  4. Equal Employment Opportunity Commission v. Product Fabricators, Inc.Court of Appeals for the Eighth Circuit · 2014
  5. June Brown v. City of JacksonvilleCourt of Appeals for the Eighth Circuit · 2013

55 more not listed; retrieve them via the Exa API.

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