green
Positive treatment
Quoted verbatim 1×
67.3 score
“in evaluating whether el conquistador's stated reason for firing her was pretextual, the question is not whether feliciano was actually performing below expectations, but whether el conquistador believed that she was.”
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Top citers, strongest first. 50 distinct citers.
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examined
Cited as authority (verbatim quote)
Miller v. NH Dept. of Corrections
(2×)
also: Cited as authority (rule)
in evaluating whether el conquistador's stated reason for firing her was pretextual, the question is not whether feliciano was actually performing below expectations, but whether el conquistador believed that she was.
discussed
Cited as authority (rule)
Josian Marrero-Valentín v. Puerto Rico CVS Pharmacy LLC; ET AL.
It cannot rely “upon conclusory allegations, improbable inferences, and unsupported speculation.” Feliciano de la Cruz v. El Conquistador Resort and Country Club, 218 F.3d 1, 5 (1st Cir.2000)(quoting Medina-Muñoz v. R.J.
cited
Cited as authority (rule)
José González-Ortiz, et al. v. Puerto Rico Aqueduct and Sewer Authority, et al.
Corp., 331 F.3d 166, 173 (1st Cir. 2003) (quoting Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000)) (internal quotations omitted). 3.
discussed
Cited as authority (rule)
John B. Cruz Construction Co., Inc. v. Beacon Communities Corp.
In her view, "Cruz Construction did not meet the project schedule, had poor workmanship, and did not take into consideration how its work and failure to meet schedule obligations impacted [Camden] residents." In response to this record, Cruz Construction contends that Beacon "resented Cruz's participation" "[f]rom the outset" and "exaggerated small issues into large ones." But in discrimination cases, courts do not "assess[] the merits -- or even the rationality -- of employers' nondiscriminatory business decisions." Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 8 …
cited
Cited as authority (rule)
Casillas-Guardiola v. Bayer Puerto Rico, Inc.
Club, 218 F.3d 1, 6 (1st Cir. 2000).
discussed
Cited as authority (rule)
Torres v. Allied Pilots Association
It cannot rely “upon conclusory allegations, improbable inferences, and unsupported speculation.” Feliciano de la Cruz v. El Conquistador Resort and Country Club, 218 F.3d 1, 5 (1st Cir.2000)(quoting Medina-Muñoz v. R.J.
cited
Cited as authority (rule)
Brooks v. SIMOS Insourcing Solutions LLC
Club, 218 F.3d 1, 5 (1st Cir. 2000) (citations omitted).
cited
Cited as authority (rule)
Quintana-Dieppa v. Department of the Army
Auth., 977 F.3d 20 , 34-35 (1st Cir. 2020) (quotation marks omitted) (citing Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 8, 10 (1st Cir. 2000)).
discussed
Cited as authority (rule)
Jiménez Soto y otros v. Carolina Catering Corp. y otros
Feliciano de la Cruz v. El Conquistador Resort and Country Club, 218 F.3d 1, 5 (1er Cir. 2000); Mulero-Rodriguez v. Ponte, Inc., 98 F.3d 670, 673 (1er Cir. 1996); Lipsett v. University of Puerto Rico, 864 F.2d 881, 899 (1er Cir. 1988).
discussed
Cited as authority (rule)
Ripoli v. State of Rhode Island Department of Human Services
"One size does not fit all, and the inquiry into pretext is the kind of inquiry in which 'everything depends on the individual facts.'" Id. (quoting Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 7 (1st Cir. 2000)).
discussed
Cited as authority (rule)
Perez-Abreu v. Metropol Hato Rey, LLC
(2×)
“It is the settled law of this circuit that to survive a motion for summary judgment on a Title VII disparate treatment claim, a plaintiff must produce evidence that: (1) the employer's articulated reason for laying off the plaintiff is a pretext; and (2) the true reason is discriminatory animus.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 6 (1st Cir. 2000).
cited
Cited as authority (rule)
O'Sullivan v. Strategus RG, Inc.
Corp., 331 F.3d 166, 173 (1st Cir. 2003) (quoting Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000)).
cited
Cited as authority (rule)
Kinzer v. Whole Foods Market, Inc.
Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 6 (1st Cir. 2000) (quoting Thomas v. Eastman Kodak Co., 183 F.3d 38, 56 (1st Cir. 1999)).
discussed
Cited as authority (rule)
Kurland v. City of Providence
The court views the facts at summary judgment “in the light most favorable to, and drawing all reasonable inferences in favor of, the nonmoving party.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (st Cir. 2000) (citing Mulero—Rodriguez v. Ponte, Inc., 98 F.3d 670, 672 (1st Cir. 1996)).
discussed
Cited as authority (rule)
FAZELI, MD v. NORTHBRIDGE STROUDWATER LODGE II LLC
The accused employer can rebut that presumption by articulating “‘a legitimate, non-discriminatory reason for its adverse employment action’ by identifying enough admissible evidence to ‘support a [rational] finding that unlawful discrimination was not the cause of the employment action.’” Straughn v. Delta Air Lines, Inc., 250 F.3d 23, 33 (1st Cir. 2001) (alteration in original) (internal citations omitted) (first quoting Rodriguez-Cuervos v. Wal-Mart Stores, Inc., 181 F.3d 15, 19 (1st Cir. 1999); then quoting Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d…
discussed
Cited as authority (rule)
Medero-Gonzalez v. The Baldwin School of Puerto Rico, Inc.
Even in cases of employment discrimination where courts must parse “elusive concepts such as motive or intent,” summary judgment is appropriate where the nonmovant relies only “upon conclusory allegations, improbable inferences, and unsupported speculation.” Feliciano de la Cruz v. El Conquistador Resort and Country Club, 218 F.3d 1, 5 (1st Cir. 2000)(quoting Medina-Muñoz v. R.J.
cited
Cited as authority (rule)
O'Horo v. Boston Medical Center Corp.
Feliciano de la Cruz v. El Conquistador Resort and Country Club, 218 F.3d 1, at 5 (1st Cir. 2000).
cited
Cited as authority (rule)
Equal Employment Opportunity Commission v. Citizens Bank, N.A.
Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000).
discussed
Cited as authority (rule)
Equal Employment Opportunity Commission v. Citizens Bank, N.A.
In ruling on a motion for summary judgment, the court must examine the record evidence “in the light most favorable to, and drawing all reasonable inferences in favor of, the nonmoving party.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000).
discussed
Cited as authority (rule)
BAILEY v. DEJOY
The Court need not reach this question here because it concludes USPS had a legitimate reason for evaluating, separating, and not rehiring Ms. Bailey as it did. selecting her for a continued position at USPS.13 To rebut a prima facie case of disparate treatment, USPS must “‘clearly set forth, through the introduction of admissible evidence, reasons for its actions which, if believed by the trier of fact, would support a finding that unlawful discrimination was not the cause of the employment action.’” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5-6 (1st C…
discussed
Cited as authority (rule)
Ortiz-Nieves v. Bernhardt
Once the employer meets his burden of production, the burden shifts back to plaintiff to demonstrate that the reasons proffered were merely pretextual, or a “coverup,” for a “discriminatory decision.” See Feliciano de la Cruz, 218 F.3d 1, 6 (1st Cir. 2000) (internal citations and quotations omitted).
discussed
Cited as authority (rule)
Oliver v. Providence Water Supply Board
In employment cases, summary judgment is appropriate when the party opposing the motion “rests merely upon conclusory allegations, improbable inferences, and unsupported speculation.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000); Bonilla v. Electrolizing, Inc., 607 F. Supp. 2d 307, 314 (D.R.I. 2009).
discussed
Cited as authority (rule)
Chisholm v. City of Warwick
In employment cases, summary judgment is appropriate when the party opposing the motion “rests merely upon conclusory allegations, improbable inferences, and unsupported speculation.” Feliciano de la Cruz v. El Conquistador Resort & Cty Club, 218 F.3d 1, 5 (1st Cir. 2000); Bonilla v. Electrolizing, Inc., 607 F. Supp. 2d 307, 314 (D.R.I. 2009).
discussed
Cited as authority (rule)
Carvalho v. Santander Bank, N.A.
The burden then shifts back to Ms, Carvalho to show that the reason proffered was a pretext or “a coverup” for a “discriminatory action.” McDonnell Douglas, 411 U.S. at 805 , At this third step, Ms. Carvalho’s burden of producing evidence to rebut Santander’s stated reason for its employment action “merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination.” Burdine, 450 U.S. at 256 ; Feliciano de la Cruz v. Hl Conquistador Resort & Country Club, 218 F.3d 1, 5-6 (1st Cir. 2000)), The Court therefore must decide whether Ms…
cited
Cited as authority (rule)
Sweeney v. Santander Bank, N.A.
Corp., 331 F.3d 166, 173 (1st Cir. 2003) (quoting Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000)).
discussed
Cited as authority (rule)
Taite v. Bridgewater State University
We keep our discussion brief because "[t]he same evidence used to show pretext can support a finding of discriminatory animus if it enables a factfinder 'reasonably to - 23 - infer that unlawful discrimination was a determinative factor in the adverse employment action.'" Feliciano de la Cruz v. El Conquistador Resort and Country Club, 218 F.3d 1, 6 (1st Cir. 2000) (quoting Thomas v. Eastman Kodak Co., 183 F.3d 38, 57 (1st Cir. 1999)).
cited
Cited as authority (rule)
Staples v. Verizon Data Services, LLC
Corp., 331 F.3d 166, 173 (1st Cir. 2003) (quoting Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000)).
discussed
Cited as authority (rule)
Alston v. Town of Brookline, MA
One size does not fit all, and the inquiry into pretext is the kind of inquiry in which "everything depends on the individual facts." Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 7 (1st Cir. 2000) (quoting Thomas v. Eastman Kodak Co., 183 F.3d 38, 58 (1st Cir. 1999)).
discussed
Cited as authority (rule)
Caesar v. AAA Northeast
In employment cases, summary judgment is appropriate when the party opposing the motion “rests merely upon conclusory allegations, improbable inferences, and unsupported speculation.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000) (internal quotation marks omitted).
cited
Cited as authority (rule)
Plesha v. Wolf
Feliciano de la 6 Cruz v. El Conquistador Resort and Country Club, 218 F.3d 1, 5 (1st Cir. 2000) (quoting McDonnell 7 Douglas Corp. v. Green, 411 U.S. 792, 802 (1973)).
discussed
Cited as authority (rule)
Hod v. The General Hospital Corporation
(2×)
also: Cited "see"
“Although evidence of national origin animus need not be of the smoking gun variety . . . the totality of the circumstances must permit a reasonable inference that the employer’s justification for the challenged action was a pretext for discrimination.” Id. at 8 (alterations and internal citation omitted).
discussed
Cited as authority (rule)
Airway Leasing, LLC v. MTGLQ Investors, L.P.
P. 56 motion for summary judgment, the court must examine the record evidence “in the light most favorable to, and drawing all reasonable inferences in favor of, the nonmoving party.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000).
discussed
Cited as authority (rule)
Airway Leasing, LLC v. MTGLQ Investors, L.P.
P. 56 motion for summary judgment, the court must examine the record evidence “in the light most favorable to, and drawing all reasonable inferences in favor of, the nonmoving party.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000).
discussed
Cited as authority (rule)
Lopez-Rosario v. Programa Seasonal Head Start
Sheriff's Dep't, 659 F.3d 101, 106 (1st Cir. 2011) (quoting - 8 - Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000)) (explaining that in employment discrimination cases, "[s]imilarly situated candidates must share 'roughly equivalent qualifications to perform substantially the same work'").
discussed
Cited as authority (rule)
ALMODOVAR v. WILKIE
Finally, “[o]nce the employer offers a nondiscriminatory reason for its action, the burden shifts back to the plaintiff to show that the reason proffered was a ‘cover-up’ for a ‘discriminatory decision.’” Feliciano de la Cruz v. El Conquistador Resort & County Club, 218 F.3d 1, 6 (1st Cir. 2000) (quoting McDonnell Douglas, 411 U.S. at 802 ).
discussed
Cited as authority (rule)
Irvin Joseph v. P Old Dutch Mustard
Success depends on “persuading the [factfinder] that [the plaintiff] has been the victim of intentional discrimination.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 6 218 F.3d 1, 6 (1st Cir. 2000) (quoting Tex. Dep’t of Cmty. Affs. v. Burdine, 450 U.S. 248, 256 (1981)).
discussed
Cited as authority (rule)
Joseph v. Old Dutch Mustard
Success depends on “persuading the [factfinder] that [the plaintiff] has been the victim of intentional discrimination.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 6 (1st Cir. 2000) (quoting Tex. Dep’t of Cmty. Affs. v. Burdine, 450 U.S. 248, 256 (1981)).
examined
Cited as authority (rule)
Henderson v. MBTA
(5×)
also: Cited "see"
Henderson independently has not met his burden to produce "evidence . . . permit[ting] a factfinder reasonably to infer that unlawful discrimination was a determinative factor in the [MBTA]'s decision." Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 8 (1st Cir. 2000).
discussed
Cited as authority (rule)
Colarusso v. FedEx Corporate Services, Inc.
(2×)
“The defendant must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, if believed by the trier of fact, would support a finding that unlawful discrimination was not the cause of the employment action.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000) (citing St.
discussed
Cited as authority (rule)
Drummond v. Siemens Industry, Inc.
In employment cases, summary judgment is appropriate when the party opposing the motion “rests merely upon conclusory allegations, improbable inferences, and unsupported speculation.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000); Bonilla v. Electrolizing, Inc., 607 F. Supp. 2d 307, 314 (D.R.I. 2009).
discussed
Cited as authority (rule)
Alicea v. Veteran's Affairs Adm.
(2×)
also: Cited "see"
To do so, “[t]he defendant must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, if believed by the trier of fact, would support a finding that unlawful discrimination was not the cause of the employment action.” Feliciano de la Cruz v. El Conquistador Resort and Country Club, 218 F. 3d 1, 5-6 (1st Cir. 2000) (quoting St.
discussed
Cited as authority (rule)
Buerman v. Witkowski
In ruling on a motion for summary judgment, the court must examine the record evidence “in the light most favorable to, and drawing all reasonable inferences 2 New Penn makes this claim pursuant to R.I.G.L. § 28-35-58, which provides that if an employee has been paid workers’ compensation benefits, “the person by whom the compensation was paid shall be entitled to indemnity from the person liable to pay damages, and to the extent of that indemnity shall be subrogated to the rights of the employee to recover those damages.” in favor of, the nonmoving party.” Feliciano de la Cruz v. E…
discussed
Cited as authority (rule)
Theidon v. Harvard University
Corp., 331 F.3d 166, 173 (1st Cir. 2003) (quoting Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000)). 34Theidon never explains why, in her opinion, Harvard's internal communications among University leaders, including the Senior Vice Provost for Faculty Development and Diversity, regarding her complaints of bias would have been inappropriate merely because they came up again during her tenure review. - 55 - 4.
discussed
Cited as authority (rule)
Continental Casualty Company v. Caramadre
P. 56 motion for summary judgment, the court must examine the record evidence “in the light most favorable to, and drawing all reasonable inferences in favor of, the nonmoving party.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000) (citing Mulero-Rodriguez v. Ponte, Inc., 98 F.3d 670, 672 (1st Cir. 1996)).
discussed
Cited as authority (rule)
Tortorella v. Computer Sciences Corporation
In employment cases, summary judgment is appropriate when the party opposing the motion “rests merely upon conclusory allegations, improbable inferences, and unsupported speculation.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000); Bonilla v. Electrolizing, Inc., 607 F. Supp. 2d 307, 314 (D.R.I. 2009).
discussed
Cited as authority (rule)
Padilla v. PNC Bank
In ruling on a motion for summary judgment, the court must examine the record evidence “in the light most favorable to, and drawing all reasonable inferences in favor of, the nonmoving party.” Feliciano de la Cruz v. Kl Conquistador Resort & Country Club, 218 F.3d 1, 5 (st Cir. 2000) (citing Mulero—Rodriguez v. Ponte, Inc., 98 F.3d 670, 672 (1st Cir. 1996)). “[W]hen the facts support plausible but conflicting inferences on a pivotal issue in the case, the judge may not choose between those inferences at the summary judgment stage.” Coyne v. Taber Partners [, 53 F.3d 454, 460 (1st Cir…
discussed
Cited as authority (rule)
Saltzman v. Whisper Yacht, Ltd.
In ruling on a motion for summary judgment,6 the court must examine the record evidence “in the light most favorable to, and drawing all reasonable inferences in favor of, the nonmoving party.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000) (citing Mulero-Rodriguez v. Ponte, Inc., 98 F.3d 670, 672 (1st Cir. 1996)).
discussed
Cited as authority (rule)
Ferrer-Marrero v. Misey Restaurant, Inc.
The First Circuit has recognized that “there is no ‘mechanical formula’ for finding pretext.” Che v. MBTA, 342 F.3d 31, 39 (1st Cir. 2003) (quoting Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 6 (1st Cir. 2000)).
discussed
Cited as authority (rule)
Lima v. East Providence
In employment cases, summary judgment is appropriate when the party opposing the motion “rests merely upon conclusory allegations, improbable inferences, and unsupported speculation.” Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000); Bonilla v. Electrolizing, Inc., 607 F. Supp. 2d 307, 314 (D.R.I. 2009).
discussed
Cited as authority (rule)
Reyes-Caballero v. Oriental Bank
While bearing in mind 24 1 that at this stage the facts must be viewed “in the light most favorable to the nonmoving party,” 2 Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir. 2000), the 3 Court deems as uncontested the following proposed facts denied or qualified by Plaintiff: 10, 19, 31, 4 32, 33, 34, 39, 40, 42, 53, 56, 64, 65, 66, 68, 75, 76, 79 and 80. 5 Generally, Plaintiff did not properly contest these facts because their propositions were not 6 strictly limited to the issues raised by Defendant and, in other instances, a mere corroboration int…
Retrieving the full opinion text from the archive…
Feliciano
v.
El Conquistador
v.
El Conquistador
99-1810.
Court of Appeals for the First Circuit.
Jun 20, 2000.
218 F.3d 1
Cited by 9 opinions | Published
United States Court of Appeals For the First Circuit
No. 99-1810
MARIA D. FELICIANO DE LA CRUZ, ERASMO JIMENEZ, AND THEIR CONJUGAL PARTNERSHIP, Plaintiffs, Appellants, v. EL CONQUISTADOR RESORT AND COUNTRY CLUB AND HUGH A. ANDREWS Defendants, Appellees.
ERRATA SHEET
The opinion of this court issued June 6, 2000 is amended as follows:
On the cover page, in the list of counsel, “McConnell Validés” should be “McConnell Valdés.”