Weil v. Citizens Telecom Services Co., No. 16-35813 (9th Cir. 2019)Annotate this Case
Hearsay does not include statements offered against a party, made by that party's employee on a matter within the scope of the employee's employment, so long as the statement was made while the employee was still employed by that party. The Ninth Circuit held that the district court erred by granting summary judgment to Frontier regarding plaintiff's failure-to-promote claim, because the district court excluded such a statement proffered by plaintiff on hearsay grounds. However, the panel held that the district court properly granted summary judgment to Frontier on plaintiff's termination claim because he failed to produce evidence raising a genuine issue of material fact regarding the claim. Accordingly, the panel affirmed in part and reversed in part.