federal McDonnell Douglas framework (Tennessee) · Go Syfert
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federal McDonnell Douglas framework in Tennessee

6 Tennessee opinions name it 2 courts 2011–2014 0 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Gary M. GOSSETT v. TRACTOR SUPPLY COMPANY, INC.red
tenn · 2010 · cited in 6 Tennessee opinions naming this issue, 2011–2014
2 sentences

2014“The moving party may make the required showing and therefore shift the burden of production to the nonmoving party by either: (1) affirmatively negating an essential element of the nonmoving party's claim; or (2) showing that the nonmoving party cannot prove an essential element of the claim at trial.”7 Martin, 271 S.W.3d at 83 (citing Hannan v. Alltel 7 In Gossett v. Tractor Supply Co., Inc., 320 S.W.3d 777, 785 (Tenn. 2010), our Supreme Court held that the Hannan standard is applicable to motions for summary judgment on retaliatory discharge claims, not the federal McDonnell Douglas framewo

2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to retaliatory discharge cases: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and order of presentation of proof of each

46
Timmy Sykes v. Chattanooga Housing Authoritygreen
tenn · 2011 · cited in 4 Tennessee opinions naming this issue, 2011–2014
2 sentences

2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to -6- retaliatory discharge cases that accrued before June 10, 2011: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and

2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to retaliatory discharge cases: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and order of presentation of proof of each

44
Kinsler v. Berkline, LLCgreen
tenn · 2010 · cited in 3 Tennessee opinions naming this issue, 2012–2014
2 sentences

2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to -6- retaliatory discharge cases that accrued before June 10, 2011: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and

2014In Sykes v. Chattanooga Housing Authority, 343 S.W.3d 18, 26 (Tenn. 2011), the Supreme Court stated as follows regarding the summary judgment standard as applied to retaliatory discharge cases: In the recent cases of Kinsler [v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010)] and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010), this Court held that the Hannan summary judgment analysis is to be applied in retaliatory discharge actions in the same way as in other cases, and rejected the federal McDonnell Douglas framework of allocation of burdens and order of presentation of proof of each

13
Staples v. CBL & Associates, Inc.green
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012Auth., 343 S.W.3d 18, 26 (Tenn. 2011) (citing Staples v. CBL & Assocs., Inc., 15 S.W.3d 83, 89 (Tenn. 2000)). 2 Recently, in Gossett v. Tractor Supply Co. Inc., 320 S.W.3d 777, 785-86 (Tenn. 2010), and in Kinsler v. Berkline, LLC, 320 S.W.3d 796, 801 (Tenn. 2010), our state Supreme Court held that the Hannan summary judgment standard applies in retaliatory discharge cases and expressly rejected the federal McDonnell Douglas framework. 3 We note that the recent amendment to the TPPA, Tennessee Code Annotated section 50-1-304(g), and the enactment of section 50-1-701 are inapplicable to the case

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Allyn v. Wright neutral
la · 1821
1 sentence

2014“The moving party may make the required showing and therefore shift the burden of production to the nonmoving party by either: (1) affirmatively negating an essential element of the nonmoving party's claim; or (2) showing that the nonmoving party cannot prove an essential element of the claim at trial.”7 Martin, 271 S.W.3d at 83 (citing Hannan v. Alltel 7 In Gossett v. Tractor Supply Co., Inc., 320 S.W.3d 777, 785 (Tenn. 2010), our Supreme Court held that the Hannan standard is applicable to motions for summary judgment on retaliatory discharge claims, not the federal McDonnell Douglas framewo

12014–2014

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 50-1-304 (5) TN § Tenn. Code Ann. § 4-21-311 (3) TN § Tenn. Code Ann. § 4-21-401 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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