Published opinions from 1994. The case name opens the case page.
November 7, 199438 F.3d 1380
The court affirmed dismissal of Oshiver’s discriminatory failure-to-hire claim because she did not exercise reasonable diligence to discover the hiring and the firm had not actively misled her about that claim.
The court applied the expert-evidence standards of Rules 702 and 703 after the Supreme Court’s Daubert decision, holding that judges must independently assess whether an expert’s methods and underlying data have good grounds, while taking a hard look when exclusion would result in summary judgment.
August 1, 199432 F.3d 759
The court affirmed summary judgment for the Commission in Fuentes’s Title VII national-origin failure-to-hire claim. It held that, after an employer gives legitimate nondiscriminatory reasons, a plaintiff may survive summary judgment by producing evidence that would allow a reasonable factfinder either to disbelieve…