Case Citator › Cornelius Cooper v. Southern Company

Cornelius Cooper v. Southern Company

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Eleventh Circuit
Citation
390 F.3d 695
Decided
Confirmed treatments
1
Flagged citations read
131 of 131
Citing cases (total)
489
Treatment dates
2006

Status

Overruled in part
A reviewed court has overruled part of this case’s holding. Cornelius Cooper v. Southern Company was overruled in part: all 131 flagged citations have been read, with the 1 confirmed treatment listed below. Ash v. Tyson Foods, Inc. rejected Cooper's “jump off the page and slap you in the face” formulation for qualifications-based pretext.
More on how this was screened

The other reviewed opinions continued to apply Cooper's unaffected class-certification, expert-disclosure, comparator, discrimination, and pretext rules. Nearly all nearby “overruled” language appeared in history parentheticals reporting Ash's act; the remaining treatment words concerned motions, objections, other authorities, or factual disputes rather than Cooper.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

489 later cases cite Cornelius Cooper v. Southern Company; 131 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.

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Treatments

Overruled in Part

  • The Supreme Court rejected Cooper's “jump off the page and slap you in the face” formulation as an unhelpful and imprecise standard for deciding whether superior qualifications show employment-discrimination pretext.

    Ash v. Tyson Foods, Inc. · Supreme Court of the United States · filed

    The Court of Appeals, in finding petitioners’ evidence insufficient, cited one of its earlier precedents and stated: “Pretext can be established through comparing qualifications only when ‘the disparity in qualifications is so apparent as virtually to jump off the page and slap you in the face.’ ” Ibid. (quoting Cooper v. Southern Co., 390 F. 3d 695, 732 (CA11 2004)). ... The visual image of words jumping off the page to slap you (presumably a court) in the face is unhelpful and imprecise as an elaboration of the standard for inferring pretext from superior qualifications. ... It suffices to say here that some formulation other than the test the Court of Appeals articulated in this case would better ensure that trial courts reach consistent results.
    Read the full opinion on CourtListener →

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