Dulin v. Bd of Comm'r of the Greenwood LeFlore Hosp., No. 10-60095 (5th Cir. 2011)Annotate this Case
Plaintiff filed suit alleging race discrimination when defendant terminated his contract. Plaintiff, who was white, served as the attorney for defendant for 24 years and was subsequently replaced by a black women as defendant's attorney. At issue was whether the district court properly granted judgment as a matter of law under Federal Rule of Civil Procedure 50. The court held that plaintiff did not meet his burden of presenting legally-sufficient evidence on which the jury could conclude that defendant intentionally discriminated against him on his race and therefore, the district court properly granted summary judgment to defendant under Rule 50(a)(1). The court also rejected plaintiff's claim that he had superior qualifications than the new attorney and plaintiff's argument that the district court erred by refusing to admit a certain article under Federal Rules of Evidence 801(c) and 802.
The court issued a subsequent related opinion or order on September 15, 2011.