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Keywords

contractbreach of contractdefendantappealtrialpleamotionsummary judgmentdiscrimination

contractbreach of contractdefendanttrialpleamotionsummary judgmentdiscrimination

Related Cases

Lin Gao v. St. Louis Language Immersion Schools, Inc., 607 Fed.Appx. 621 (Mem)

Facts

Lin Gao filed an action against her employer alleging age-based and race-based employment discrimination, along with a breach of contract claim. The district court granted summary judgment in favor of the defendant, leading Gao to appeal the decision. The case was referred to Magistrate Judge Shirley P. Mensah for final disposition.

The Honorable Shirley P. Mensah, United States Magistrate Judge for the Eastern District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).

Issue

Did the district court err in granting summary judgment in favor of the defendant on the claims of age-based and race-based employment discrimination and breach of contract?

Rule

The nonmovant must respond to a properly supported summary judgment motion by submitting evidentiary materials that set out specific facts showing that there is a genuine issue for trial.

nonmovant must respond to properly supported summary judgment motion by submitting evidentiary materials that set out specific facts showing that there is genuine issue for trial; where record taken as whole could not lead rational trier of fact to find for nonmoving party, there is no genuine issue for trial; see also Beyer v. Firstar Bank, N.A., 447 F.3d 1106, 1108 (8th Cir.2006) (in opposing summary judgment motion, nonmovant cannot rest on pleadings alone).

Analysis

The appellate court reviewed the record and determined that the evidence presented by Gao did not create a genuine issue for trial. The court referenced previous cases that established the standard for opposing summary judgment, indicating that the nonmovant cannot rely solely on pleadings.

Upon careful de novo review, we conclude that the district court's summary judgment decision was proper.

Conclusion

The appellate court affirmed the district court's judgment, concluding that the summary judgment decision was proper.

Accordingly, we affirm the judgment.

Who won?

The defendant prevailed in the case because the court found that there was no genuine issue for trial based on the evidence presented.

the district court's summary judgment decision was proper.

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