CONTINENTAL TRAILWAYS, INC.
v.
DIRECTOR, NEW JERSEY DIVISION OF MOTOR VEHICLES; AND DIRECTOR, NEW JERSEY DIVISION OF MOTOR VEHICLES V. CONTINENTAL TRAILWAYS, INC.

U.S. | 1987-04-06
Nos. 86-843; No. 86-879
481 U.S. 1001 Supreme Court of the United States (1987) Positive Treatment
Cited by 4 cases

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  • Swank v. Smart, 898 F.2d 1247 (7th Cir. 1990)
    …d page as an ex parte communication even though Swank received a copy at the same time as the committee. However, as this court concluded in Shidaker v. Carlin, 782 F. 2d 746, 752 (7th Cir.1986), judgment vacated on other grounds, Tisch v. Shidaker, 481 U.S. 1001, 107 S.Ct. 1621, 95 L.Ed.2d 195 (1987), “[n]ot every ex parte communication is a procedural defect so substantial and so likely to cause prejudice that it entitles the claimant to an entirely new administrative proceeding.” Ex parte evidence is not…
  • Mozee v. Am. Commercial Marine Serv. Co., 940 F.2d 1036 (7th Cir. 1991)
    …istical study”); Shidaker v. Carlin, 782 F. 2d 746, 750 (7th Cir.1986) (“Defendants may rebut a statistical prima facie showing of disparate impact with statistical evidence of their own....”) (citations omitted), vacated sub nom. Tisch v. Shidaker, 481 U.S. 1001, 107 S.Ct. 1621, 95 L.Ed.2d 195 (1987). The defendant undertook this refutation through statistical refinements indicating an absence of discrimination.8 Specifically, Jeffboat pointed to qualifications which, while not shared by all members of the…

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