Naiel Nassar v. Univ TX Southwestern Hlth Sys, No. 11-10338 (5th Cir. 2013)

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This opinion or order relates to an opinion or order originally issued on March 8, 2012.

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Case: 11-10338 Document: 00512328590 Page: 1 Date Filed: 08/01/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED August 1, 2013 No. 11-10338 Lyle W. Cayce Clerk NAIEL NASSAR, MD, Plaintiff-Appellee Cross-Appellant v. UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER, Defendant-Appellant CrossAppellee Appeals from the United States District Court for the Northern District of Texas USDC No. 3:08-CV-1337 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before REAVLEY, ELROD, and HAYNES, Circuit Judges. PER CURIAM:* A jury previously found in favor of Plaintiff Dr. Naiel Nassar on claims brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. ยง 2000e et seq., for constructive discharge and retaliation. This court vacated in part and affirmed in part the district court s judgment, and we remanded for a recalculation of damages. We rejected the Defendant s argument that the * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 11-10338 Document: 00512328590 Page: 2 Date Filed: 08/01/2013 No. 11-10338 district court erroneously instructed the jury on a mixed-motive theory of retaliation. The Supreme Court granted certiorari, vacated, and remanded this case for further consideration because Title VII retaliation claims must be proved according to principles of but-for causation rather than the mixed-motive test. We therefore VACATE the district court s judgment in its entirety and REMAND for further proceedings consistent with the opinion of the Supreme Court. 2

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