Legal Opinion

Luca Cicalese v. Univ of Texas Medical Bran

Court of Appeals for the Fifth Circuit

Decided May 16, 2019No. 18-40408PublishedCited by 440 opinions

1Opinion of the Court

STUART KYLE DUNCAN, Circuit Judge:

Luca Cicalese, M.D., and Cristiana Rastellini, M.D. ("Cicalese and Rastellini" or "Appellants"), appeal the dismissal of their Title VII national origin discrimination claims against the University of Texas Medical Branch at Galveston ("UTMB"). We affirm in part and vacate and remand in part.

I

Cicalese and Rastellini, a married couple, were born in Italy. They moved to the United States and both began working for UTMB in 2007. Cicalese worked as a tenured professor and director of UTMB's Transplant and Organ Failure Center. Rastellini accepted a tenure-track…

2Cases cited17 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  4. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
  5. Furnco Construction Corp. v. WatersSupreme Court of the United States · 1978

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3Cited by440 opinions

  1. Hamilton v. Dallas CountyCourt of Appeals for the Fifth Circuit · 2023
  2. Bonnie Kirk v. Monroe City School BoardCourt of Appeals for the Fifth Circuit · 2020
  3. Scott v. U.S. Bank National AssnCourt of Appeals for the Fifth Circuit · 2021
  4. Mandawala v. NE Baptist HospCourt of Appeals for the Fifth Circuit · 2021
  5. Pickett v. Texas Tech UnivCourt of Appeals for the Fifth Circuit · 2022

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