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Nassar v. University of Texas Southwestern Medical Center

United States Court of Appeals, Fifth Circuit

August 1, 2013

NAIEL NASSAR, MD, Plaintiff-Appellee Cross-Appellant
v.
UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER, Defendant-Appellant Cross-Appellee

Appeals from the United States District Court for the Northern District of Texas USDC No. 3:08-CV-1337

Before REAVLEY, ELROD, and HAYNES, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:[*]

A jury previously found in favor of Plaintiff Dr. Naiel Nassar on claims brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., for constructive discharge and retaliation. This court vacated in part and affirmed in part the district court's judgment, and we remanded for a recalculation of damages. We rejected the Defendant's argument that the district court erroneously instructed the jury on a mixed-motive theory of retaliation.

The Supreme Court granted certiorari, vacated, and remanded this case for further consideration because Title VII retaliation claims must be proved according to principles of but-for causation rather than the mixed-motive test. We therefore VACATE the district court's judgment in its entirety and REMAND for further proceedings consistent with the opinion of the Supreme Court.


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