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All main topics / Law / Civil Law / Civil Procedure 1L
Swierkiewicz v. Sorema
Sw. claimed he lost his job due to age and race.  Dismissed b/c he didn't follow evidentiary standard of McDonnell Douglas.  Ct says didn't adequately allege circumstances that support inference of discrimination.

H - Reversed - emp. discrimination cases only need short and plain statement showing P is entitled to relief.  McDonnell Douglas is an evidentiary standard, not a pleading standard.  Rule 9(b) does not apply to empment discr. cases.

McDonnell Douglas:
1. protected group
2. qualification for job
3. adverse empment action
4. circumstances to support inference of discr.

Don't want to lose notice pleading!
Tags: Pleading, Specificity
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Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010




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