Desert Palace, Inc. v. Costa
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The other reviewed opinions applied Desert Palace positively; reported its displacement of older direct-evidence rules; applied or reported Griffith's limitation; distinguished the different statutory texts governing ADEA, Title VII retaliation, and § 1981 claims; rejected party arguments; or placed unrelated adverse vocabulary near the citation. Duplicate copies of the same opinion do not create duplicate entries.
1,574 later cases cite Desert Palace, Inc. v. Costa; 346 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Desert Palace, Inc. v. Costa?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The Eighth Circuit declined to extend Desert Palace's mixed-motive jury-instruction holding to modify the circuit's existing summary-judgment framework.
Griffith v. City of Des Moines · Eighth Circuit · filed
Griffith urges us to conclude ... that the Supreme Court in Desert Palace, Inc. v. Costa ... implicitly directed us to modify our Circuit’s use of the familiar framework established in McDonnell Douglas ... at the summary judgment stage ... We do not agree that Desert Palace affected controlling Eighth Circuit precedents in this fashion. ... Thus, we conclude that Desert Palace had no impact on prior Eighth Circuit summary judgment decisions.
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