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Plaintiff's letter brief-gender discrimination-cat's paw doctrine
July 1, 2002
Honorable _______________
_______________ Judge
[ADDRESS]
Re: No. _______________; Plaintiff v. Defendant; ___ Judicial District
Dear Judge _______________:
During a hearing on defendant’s motions for summary judgment on _______________, Your Honor stated that the parties may submit post hearing letter briefs. On _______________, Plaintiff submitted his/her first post-hearing letter brief addressing the general legal issues raised at the hearing. Here, plaintiff submits his/her second letter brief addressing a specific legal issue raised at the hearing.
.Introduction
At the hearing on _______________, Your Honor asked several questions seeking a better understanding of the “cat’s paw” legal theory and its application in this case as it relates to Defendant’s First Motion for Summary Judgment. By means of this letter brief, Plaintiff will clarify this legal theory and re-emphasize its applicability to the case at bar.
.The “Cat’s Paw” Legal Theory
The “cat’s paw” legal theory was developed by federal courts in recognition of the reality that, in many unlawful employment discrimination cases, the individual(s) making the adverse employment decision in question is/are influenced in making such decision by other person(s) who possess discriminatory animus towards the employee. In a nutshell, this legal theory permits an employee to avoid dismissal of his case based on the employer’s proffered evidence that the actual decisionmaker harbored no discriminatory animus towards the employee and/or had no personal knowledge of the employee’s peculiar characteristics or circumstances. The employee can accomplish this through the introduction of evidence demonstrating that a person with unlawful discriminatory animus influenced the actual decisionmaker in his decision.
The term “cat’s paw” was coined by the Seventh Circuit Court of Appeals in Shager v. Upjohn Co., 913 F.2d 398, 405 (7th Cir. 1990) (Posner, J) (“If the [formal decision-makers] acted as the conduit of [the employee’s] prejudice–his cat’s paw–the innocence of the [decision-makers] would not spare the company from liability.”). The United States Court of Appeals for the Fifth Circuit has repeatedly upheld application of the “cat’s paw” legal theory and has permitted plaintiffs to utilize the theory to avoid dismissal in unlawful employment discrimination cases. See, Gee v. Principi, 2002 WL 597374 *2 (5th Cir. April 18, 2002) ; Russell v. McKinney Hosp. Venture, 235 F.3d...
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- Substantive
- Notice of intent to use discovery products
- Plaintiff's original petition
- Petition to compel arbitration (State Court)
- General complete release in favor of defendant (with mutuality option)
- Defendant's standard brief in support of motion to compel arbitration, dismiss and stay proceedings (State Court)
- Motion to compel arbitration, dismiss, and stay (State Court)
- Defendant's standard brief in support of motion to stay pending arbitration (Federal Court)
- Settlement agreement and release (includes owbpa language)
- Affidavit - Discovery Authentication
- Motion to stay pending arbitration, alternatively motion to dismiss (Federal Court)
- Special exception & answer (State Court)
- Defendant's motion for summary judgment: mitigation of damages
- Separation and release agreement (for unrepresented employee)
- Consolidation Motion (Fed.)
- Unopposed Mtn Expedite 5th Cir. Appeal
- Brief supporting MTN to expedite appeal
- Brief for emer. MTN for temp stay pend appeal to fifth circuit
- Emergency MTN for temp stay pending appeal to 5th CIR
- AFFIDAVIT-Business Records
- Opposition to MTN. To vacate arbitration award; MTN and brief to confirm arbitration award
- Order granting objections to summary judgment evidence
- AFFIDAVIT - Authentication of deposition excerpts
- Defendant's motion for summary judgment: after-acquired evidence, wrongful discharge, constructive discharge, IIED, retaliation, whistleblowing
- Response to EEOC Charge of Discrimination
- Joinder in/ consent to removal
- Plaintiff’s Original Petition-Sabine Pilot/Refusal to Perform Illegal Act
- Plaintiff's original petition-FMLA, ADEA
- Plaintiff's brief in support of motion for summary judgment-adea-federal court
- Plaintiff's petition - employment agreement - FRAUD
- Plaintiff's petition - workers' compensation retaliation
- Plaintiff's letter brief-gender discrimination-cat's paw doctrine
- Plaintiff's response to defendant employer's motion for summary judgment - workers' compensation retaliation case
- Defendant's plea to jurisdiction
- Defendant's motion to dismiss for lack of subject matter jurisdiction and supporting brief - title VII - Federal Court
- Order of dismissal
- Amended complaint - TCHRA - age discrimination
- Motion for summary judgment (by employer) for false imprisonment and breach of contract
- Plaintiff's motion to dismiss pursuant to settlement
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