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cases/29usc623/f3d-934-447-mcmichael-v-transocean.case

Source: cases/29usc623/f3d-934-447-mcmichael-v-transocean.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_934/0447_01/index.html

Verbatim annotated passages

Because we agree that McMichael failed to raise a genuine issue of material fact, we AFFIRM.

Exact source text

casedsl 1

case /f3d/934/0447-01
  name McMichael v. Transocean Offshore Deepwater Drilling, Inc.
  cite 934 F.3d 447 (2019)
  court United States Court of Appeals for the Fifth Circuit
  date 2019-08-13
  url catalog/cases/f3d/volume_934/0447_01/index.html
  source ir/caselaw/f3d_934.jsonl sha1=23d905b202b421df0ea4783c8f49d0bbdb0d52c2 chars=31877

law 29usc623
  role applied
  posture appeal from summary judgment for employer
  result claimant-lost

element age-causation : not-satisfied [no-evidence]
  scope merits
  variant reduction-in-force/retirement-reference-without-decision-link
  fact @30..143 [cuts-against] | Between 2014 and 2018, the defendants, Transocean Offshore Deepwater et al., reduced their offshore fleet by 59%.
  fact @20860..20976 [cuts-against absent] | And no other evidence shows, or even suggests, that Owen had any influence over the decision to terminate McMichael.
  held @893..985 | Because we agree that McMichael failed to raise a genuine issue of material fact, we AFFIRM.
  gloss The employer’s reduction in force does not automatically defeat an age claim. The selected evidence addresses the remark’s context and lack of connection to the decisionmaker.

misfit The court examines several forms of pretext evidence; this variant focuses on the retirement remark and decisionmaker linkage, not a categorical rule insulating mass layoffs.