Legal Opinion

Consolidated Stores, Inc. v. Gargis

Court of Civil Appeals of Alabama

Decided May 31, 1996No. 2940797PublishedCited by 37 opinions

1Opinion of the Court

Shelby Gargis sued Consolidated Stores, Inc., d/b/a Big Lots ("Big Lots"), alleging a retaliatory discharge under Ala. Code 1975, § 25-5-11.1. Big Lots filed, in open court, a motion for issue preclusion, requesting that Gargis be precluded by reason of his Social Security disability claim and award from claiming that he was willing and able to work. That motion was not formally ruled upon by the trial court. During the trial proceedings, Gargis and his economic expert testified regarding Gargis' receipt of Social Security disability benefits. Big Lots moved for a directed verdict, both at…

Also in this document: Dissent.

2Cases cited25 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. West v. Founders Life Assur. Co. of FloridaSupreme Court of Alabama · 1989
  4. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  5. Dale H. Jurgens v. Equal Employment Opportunity Commission v. Jules H. GordonCourt of Appeals for the Fifth Circuit · 1990

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3Cited by37 opinions

  1. Jackson v. County of Los AngelesCalifornia Court of Appeal · 1997
  2. Middleton v. Caterpillar Indus., Inc.Supreme Court of Alabama · 2007
  3. Travelers Indemnity Co. of Illinois v. Griner (In Re Griner)United States Bankruptcy Court, S.D. Alabama · 1999
  4. Jinright v. PaulkSupreme Court of Alabama · 2000
  5. Bleier v. Wellington Sears CompanySupreme Court of Alabama · 2000

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