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Plaintiff Voluntarily Dismisses Case after Partial Summary Judgment

Ed Taylor and Nate Bailey obtained partial summary judgment for our client and then convinced the plaintiff to voluntarily dismiss his remaining claim with prejudice. The former employee claimed that he had been wrongfully discharged based on his age and an alleged disability and in retaliation for his request for accommodation. Because the plaintiff also alleged a violation of federal labor law, we were able to strategically remove the case to federal court, where judges are more likely to grant summary judgment in appropriate cases. The federal court agreed with our client that it had a legitimate, non-discriminatory reason for discharging the plaintiff, and the plaintiff could show no evidence that our client’s reason was a pretext for discrimination. With the state-law claims dismissed, the plaintiff agreed to voluntary dismissal of his remaining claim, presumably to avoid the risk of an award of attorney’s fees.