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Employment Law Blog

Davis-Garett v. Urban Outfitters, Inc., No. 17-3371 (2d Cir. Apr. 8, 2019)

The Second Circuit, in an ADEA hostile work environment and retaliation case, reminds district court judges that they are not to weigh or evaluate credibility of evidence submitted on summary judgment. Among other things, the district court forgot that "[i]t...

Hodges v. Life Insurance Co., No. 18-1279 (10th Cir. Apr. 2, 2019)

In ERISA cases, a lot can come down to the standard of review that a court applies to a plan administrator's decision. In this case, the Tenth Circuit holds that the plan required the court, not the plan administrator, to...