Authorities cited in your document

From hedum-v-starbucks-corp.pdf

Cases

Hardie v. Legacy Health System

167 Or. App. 425 (Or. Ct. App. 2000) Cited 78 times
In Hardie v. Legacy Health Sys., 167 Or.App. 425, 6 P.3d 531, 536-37 (2000), partially superseded by statute on
other grounds, the court considered a "mixed motive" discrimination claim under a similar retaliation statute,
Or. Rev. Stat § 659.410(1), which makes it unlawful for an employer to retaliate against an employee who
invokes the workers' compensation system.

Hollins v. Atlantic Company, Inc.

188 F.3d 652 (6th Cir. 1999) Cited 499 times
Holding that "[s]atisfactory ratings in an overall evaluation, although lower than a previous evaluation, will
not constitute an adverse employment action where the employee receives a merit raise"

Anderson v. Liberty Lobby, Inc.

477 U.S. 242 (1986) Cited 223,395 times
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if
the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Cornwell v. Electra Cent. Credit Union

439 F.3d 1018 (9th Cir. 2006) Cited 859 times
Holding eight month gap insufficient to support an inference of retaliatory motive under facts presented

Coszalter v. City of Salem

320 F.3d 968 (9th Cir. 2003) Cited 717 times
Holding that "severe retaliatory actions" including "campaigns of harassment and humiliation" could support
a § 1983 claim for First Amendment retaliation

Godwin v. Hunt Wesson, Inc.

150 F.3d 1217 (9th Cir. 1998) Cited 1,084 times
Holding that pretext is shown if other employees with similar qualifications are treated more favorably

Matsushita Elec. Indus. Co. v. Zenith Radio

475 U.S. 574 (1986) Cited 107,501 times
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is
reasonable in light of the competing inferences of independent action or collusive action that could not have
harmed" them

McDonnell Douglas Corp. v. Green

411 U.S. 792 (1973) Cited 49,600 times
Holding in employment discrimination case that statistical evidence of employer's general policy and practice
may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

McGinest v. GTE Serv. Corp.

360 F.3d 1103 (9th Cir. 2004) Cited 894 times
Holding that causation was not established where there was a one-and-a-half year gap between protected
activity and adverse action

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 Pullom v. U.S. Bakery
477 F. Supp. 2d 1093 (D. Or. 2007) Cited 17 times
Finding discipline, including counseling and two written notices for attendance- related problems, was
evidence that plaintiff was not meeting legitimate expectations

Spees v. Willamina School District 30J

Case No. 03-1425-KI (D. Or. Oct. 19, 2004) Cited 2 times
Following Yeager to allow an OFLA claim

Stegall v. Citadel Broadcasting Co.

350 F.3d 1061 (9th Cir. 2003) Cited 522 times
Holding hostility and temporal proximity are highly probative of pretext

Tex. Dept. of Cmty. Affairs v. Burdine

450 U.S. 248 (1981) Cited 19,302 times
Holding that an employee may establish pretext "either directly, by persuading the court that a discriminatory
reason more likely motivated the employer, or indirectly by showing that the employer's proffered
explanation is unworthy of credence"

Villiarimo v. Aloha Island Air, Inc.

281 F.3d 1054 (9th Cir. 2002) Cited 2,637 times
Holding that summary judgment was appropriate even where the decision-maker's reason is "foolish or trivial
or even baseless"

Yartzoff v. Thomas
809 F.2d 1371 (9th Cir. 1987) Cited 828 times
Holding that a transfer of job duties can constitute an adverse employment action

Bodett v. Coxcom, Inc.

366 F.3d 736 (9th Cir. 2004) Cited 184 times
Holding that evidence of pretext "must be `specific' and `substantial'" to create a triable issue of fact

Chuang v. Univ. of Cal. Davis

225 F.3d 1115 (9th Cir. 2000) Cited 1,213 times
Holding that the forcible relocation of plaintiff's laboratory space more than qualified as an adverse
employment action

Delaney v. Taco Time Int'l

297 Or. 10 (Or. 1984) Cited 146 times
Holding that where an adequate existing remedy protects the interests of society an additional remedy of
wrongful discharge is not available

Friendship Auto v. Bank of Willamette Valley

300 Or. 522 (Or. 1986) Cited 23 times
In Friendship Auto, the defendant bank, which had a flooring arrangement to finance the plaintiff's inventory,
seized the plaintiff's checking account to offset anticipated losses under the flooring arrangement.

Hedum v. Starbucks Corp.

546 F. Supp. 2d 1017 (D. Or. 2008) Cited 5 times

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Kolstad v. Am. Dental Assn
527 U.S. 526 (1999) Cited 1,385 times
Holding that an employer may avoid punitive damages under § 1981a if it has made good-faith efforts to
prevent discrimination in the workplace

Lansford v. Georgetown Manor, Inc.

192 Or. App. 261 (Or. Ct. App. 2004) Cited 26 times

Messer v. Portland Adventist Medical Center

707 F. Supp. 449 (D. Or. 1989) Cited 6 times
Rejecting claim of wrongful discharge in which plaintiff alleged she was discharged because of her race,
national origin, or religion

Miller v. Fairchild Industries, Inc.

797 F.2d 727 (9th Cir. 1986) Cited 501 times
Holding that summary judgment was precluded where plaintiffs alleged in their declarations that they were
"the only persons within their respective departments who were dismissed during the . . . layoffs"

Nidds v. Schindler Elevator Corp.

103 F.3d 854 (9th Cir. 1996) Cited 742 times
Holding that comments such as "old timers" and "we don't necessarily like grey hair" do not necessarily
defeat summary judgment in age-discrimination cases

Payne v. Apollo College-Portland, Inc.

327 F. Supp. 2d 1237 (D. Or. 2004) Cited 10 times
Applying Title VII elements to state law claim for retaliation brought under ORS 659A.030(f)

Snead v. Metropolitan Property Cas. Ins. Co.

237 F.3d 1080 (9th Cir. 2001) Cited 558 times
Holding Title VII analysis applies in ADA case

Wall v. National R.R. Passenger Corp.

718 F.2d 906 (9th Cir. 1983) Cited 77 times
Holding district court's denial of untimely jury demand not an abuse of discretion where counsel's
inadvertence was the only reason shown

Wallis v. J.R. Simplot Co.

26 F.3d 885 (9th Cir. 1994) Cited 1,165 times
Holding an employer is required to proffer only "a" legitimate, nondiscriminatory reason for its adverse
employment action

Williams v. Federal Express Corporation

211 F. Supp. 2d 1257 (D. Or. 2002) Cited 20 times

Statutes

Fed. R. Civ. P. 56
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

42 U.S.C. § 1981a
Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional
discrimination in the workplace"

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 42 U.S.C. § 2000e
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Other potential authorities

Or. Rev. Stat. § 659A.040

Or. Rev. Stat. § 31.730

Or. Admin. R. 839-006

2007 WL 963446