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
HULL, Circuit Judge, specially
concurring:
I agree that the district court erred in granting summary judgment for the defendant in this case but I concur only in the result reached by Judge Tjoflat’s opinion. The plaintiff presented sufficient evidence to create a jury issue regarding both age discrimination and retaliation. Judge Tjoflat’s opinion correctly vacates the judgment of the district court and correctly remands plaintiffs claims for a trial.