Inference

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New Jersey Appellate Division Holds Age Discrimination Plaintiff Need Not Show She Was Replaced Or Her Employer Sought A...

The New Jersey Appellate Division recently held that in an age discrimination case, the fourth element of the plaintiff’s prima facie burden—that plaintiff was replaced (or the employer sought a replacement) by someone...more

Nassar’s “But For” Requirement Breaks the Chain for Retaliation Plaintiffs Relying on Temporal Proximity to Establish Causation

In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more

Comparison And Contrast: Differing Standards For Inferences In Federal And Florida State Courts

Direct evidence of a matter at issue will not always be available; consequently, civil litigants may sometimes establish facts effectively and conclusively with circumstantial evidence. Nielsen v. City of Sarasota, 117 So. 2d...more

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