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Toolkit Paper: Preserving The Right To A Jury Trial By Preventing Adverse Credibility Inferences At Summary Judgment

Apr 11, 2012 1:13 PM

The Employee Rights Advocacy Institute For Law & Policy Toolkit Paper: Preserving The Right To A Jury Trial By Preventing Adverse Credibility Inferences At Summary Judgment examines three pernicious ways in which courts make determinations about the credibility of witnesses at summary judgment (a task more appropriately left to the jury): discrediting the testimony of the plaintiff’s witnesses as “self-serving,” accepting unchallenged the defendant’s “honest belief” that they did not discriminate, and deferring to a defendant’s “business judgment.”

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