appropriate to consider statements in age discrimination case “not being offered to prove the truth of the matter asserted (e.g., that Wright was too old to operate Southland’s computers), but rather to prove the state of mind of the decisionmakers”
How later courts described this case
- appropriate to consider statements in age discrimination case “not being offered to prove the truth of the matter asserted (e.g., that Wright was too old to operate Southland’s computers), but rather to prove the state of mind of the decisionmakers”
- statements in age discrimination case "not being offered to prove the truth of the matters asserted (e.g., that Wright was too old to operate Southland’s computers), but rather to prove the state of mind of the decisionmakers”
Written by the judges who cited it.
The opinion
COX, Circuit Judge, specially
concurring:
I do not join Judge Tjoflat’s opinion. But I agree that the evidence is sufficient to create genuine issues of material fact on Wright’s discharge claim and on Wright’s retaliation claim. I therefore concur in the judgment vacating the entry of summary judgment on these claims and remanding for further proceedings.