In a recent ABA article may attention was drawn to a recent Appellate Decision of the 7th Circuit written by the esteemed jurist Richard Posner.  In an employment case, he referred to the "dreadful muddle" that was misunderstood and vague metaphors that had become "judicial attractive nuisances."

The article reminded me a recent 6th Circuit case where the Court referred to the common misapplication of the prima facie case.  The Court said that evidence can be used in more than one place in the prima facie case and should not be ignored when looking at the Employer's alleged-legitimate-nondiscriminatory reason for discharge.


What does it all mean?  Probably nothing, but it seems as though appellate courts are rebuking more and more district courts for dismissing case or directing verdicts against plaintiff's while ignoring legitimate evidence.  It may not be that more plaintiff's will win jury trials, but it seems that more should have the opportunity to get to a jury.  A recent report by the NELA illustrated the fact that employment cases are dismissed at a higher rate than other cases.