SUMMARY JUDGMENT Overview n SJ Issues n n

SUMMARY JUDGMENT Overview n SJ Issues n n n Burdens of production/proof Credibility Issues Affidavits/Declarations n n Substance Form (e. g. sworn/unsworn)

SUMMARY JUDGMENT Visser v. Packer Eng Ass’s p. 636 n n n Elements Factual propositions at issue Evidence n Packer affidavit n Didn’t fire Visser on account of age

Structure Duty Breach Causation Damages Elements: Age Discrimination Claim ER Ee Mixed motive: Discrim if age 1 of several reasons Fired: personal disloyalty Age 1 reason “Pretext” If Er gives phony reason =“pretext” May (need not) infer Real reason = age Fired: personal disloyalty Disloyalty =Pretext Not discriminate based on age Er fired because of age Lost pension

SUMMARY JUDGMENT Visser v. Packer Eng Ass’s p. 636 n Credibility/Inferences n Key question = Packer’s credibility n What’s wrong with Visser’s affidavits? n According to court

SUMMARY JUDGMENT Visser v. Packer Eng Ass’s p. 636 n Credibility/Inferences n n What kind of expert appropriate? What might Visser have done?

Structure Elements: Age Discrimination Claim Duty Not discriminate based on age Breach Er fired because of age Mixed motive: Discrim if age 1 of several reasons Causation Damages “Pretext” If Er gives phony reason May (need not) infer Real reason = age Lost pension ER Ee Packer aff. Pl. = 64 Def. knew Replacement <40 3 EE’s Aff’s Fired due to age facts v. conclusions Not fire due to age

SUMMARY JUDGMENT Takeaways n Doctrine n FR 56 SJ standard n n n No GIMF Judgment as a matter of law Celotex n Moving party w/out BOP n n meets FR 56 standard by showing pl’s absence of evidence

SUMMARY JUDGMENT Takeaways n Analytical Skills n n The elements chart Values Question n n Credibility Sympathy for claims n n How much evidence inference? Trust in juries