Eddy Clark v. Matthews International Corp., No. 10-1037 (8th Cir. 2011)
Annotate this CasePlaintiff sued his former employer for alleged violations of state and federal discrimination claims after he was terminated by the former employer when he was 57-years-old. The district court granted summary judgment in favor of the former employer on plaintiff's federal claim under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 623 (a)(1), but the court remanded and instructed the district court to dismiss without prejudice plaintiff's claim under the Missouri Human Rights Act ("MHRA"), Mo. Ann. Stat. 213.055(1). Plaintiff petitioned for a panel or en banc rehearing to have the court's disposition of the MHRA claim reconsidered where diversity of citizenship jurisdiction existed over plaintiff's MHRA claim. At issue was whether the district court erred in granting summary judgment in favor of the former employer on plaintiff's MHRA claim. The court agreed that diversity of citizenship jurisprudence existed over plaintiff's claim which required it to revisit its prior disposition and granted the former employer's petition for a panel rehearing. The court also held that the district court erred in granting summary judgment where it would not be unreasonable for a jury to conclude that plaintiff's age played a part in producing the adverse employment actions he alleged.
Court Description: Civil case - Employment discrimination. For the court's earlier opinion in the case see Clark v. Matthews Int'l Corp. 628 F.3d 462 (8th Cir. 2010). Matthews's petition for panel rehearing is granted, and that portion of the court's opinion which disposed of plaintiff's Missouri Human Rights Act is vacated, and the district court's grant of summary judgment in favor of defendant on plaintiff's MHRA claim is reversed and remanded for further proceedings. Judge Colloton, dissenting.
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