8th Circ. 'Discrimination Exception' Takes A Hit

Law360, New York (July 21, 2011, 6:29 PM EDT) -- Employers in the Eighth Circuit once faced an uphill battle to obtain summary judgment in discrimination lawsuits, but a recent en banc ruling held that summary judgment motions in those cases should not be subject to any special standard of review.

Beginning in the 1980s, the appeals court handed down a slew of panel decisions asserting that summary judgment should seldom be granted in employment discrimination cases because intent was often the central issue at stake, and the claims were therefore often based on inference....
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