“Smoke” Should Be Enough to Get to a Jury, Let Alone a Smoking Gun

The Sixth Circuit’s opinion in Babb v. Maryville Anesthesiologists P.C. draws attention to the troubling and pervasive trend of misapplying the summary judgment standard under Rule 56 of the Federal Rules of Civil Procedure to plaintiffs in employment discrimination cases.[1] Babb, an anesthesiology nurse, filed a lawsuit claiming that her former employer, Maryville Anesthesiologists, P.C. violated […]

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