Legal Memorandum: Summary Judgment in an ADEA Suit

Issue: What is the Standard for Summary Judgment in a Suit Under the Age Discrimination in Employment Act?

Area of Law: Employee Law, Litigation & Procedure
Keywords: Summary judgment; Employment discrimination cases; Age Discrimination in Employment Act (ADEA)
Jurisdiction: Federal
Cited Cases: 9 F.3d 913; 477 U.S. 242; 477 U.S. 317; 844 F. Supp. 753; 229 F.3d 1012
Cited Statutes: Fed. R. Civ. P. 56(c)
Date: 12/01/2008

The standards for determining a federal district court summary judgment motion are well established.  “Summary judgment may be entered only where there is no genuine issue of material fact.”  Bruno v. Monroe County, No. 07-10117-CIV2 (S.D. Fla. Sept. 18, 2008).  “The Court may grant summary judgment ‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'”  Winston v. Brogan, 844 F. Supp. 753, 756 (S.D. Fla. 1994) (quoting Fed. R. Civ. P. 56(c)).  As the District Court for the Southern District of Florida has emphasized, “[t]he burden of establishing that there is no genuine issue of material fact lies upon the moving party and it is a stringent one.”  Id. at 756 (emphasis added) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)).  Doubt as to the existence of a genuine issue of material fact must be resolved against the moving party, and “[t]he Court should not grant summary judgment unless it is clear that a trial is unnecessary.”  Id. (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986)).  Accord Dorrego v. Pub. Health Trust of Miami Dade County, 293 F. Supp. 2d 1274, 1279 (S.D. Fla. 2003).  “On a motion for summary judgment, the Court must view […]

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