Gordon Rees Scully Mansukhani Wilmington Partner Joseph J. Bellew and Philadelphia Associate Maureen M. Carr successfully obtained an affirmance by the Third Circuit on the appeal of a summary judgment dismissal by the U.S. District Court for the District of Delaware in a suit brought by the former President and part-owner of a machine shop, alleging employment discrimination on the basis of age. The Third Circuit also awarded costs against the Appellant.
The firm represented the machine shop, a Washington corporation, in an employment dispute following the sale of the plaintiff’s/appellant’s interest in the shop to a Delaware corporation, in which the plaintiff/appellant alleged that his termination at age seventy-three (73) was discriminatory under the Age Discrimination in Employment Act, 29 U.S.C. Secs. 621, et seq. and Washington State law.
The Third Circuit, reviewing the grant of summary judgment de novo, agreed with the arguments made on behalf of the shop that its gradual ties-cutting pertained to corporate restructuring and plaintiff’s/appellant’s stature and years at the company and was not age-based. The Court agreed with the District Court and counsel for the shop that plaintiff/appellant failed to present a genuine issue of material fact to preclude summary judgment.
The firm's client is pleased with this successful result.