Peter Gumm v. AK Steel Corporation
ERISA EmploymentDiscrimina
Whether a federal district court errs in granting summary judgment based on improper application of McDonnell Douglas Corp. v. Green and misapplication of Federal Rule of Civil Procedure 56
1. Whether a federal district court errs in granting summary judgment based upon the improper application of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), which runs contrary to the pronouncements in McDonnell Douglas itself , Title VII, Reeves v. Sanderson Plumbing Products, Inc ., 530 U.S. 133 (2000), and further runs afoul of the Seventh Amendment right to a jury trial with the misapplication of Federal Rule of Civil Procedure 56. 2. Whether a federal district court may ignore state law to enforce a purported contractual six-month limitations period , despite a three year statute of limitations for state discrimination claims, where there are genuine factual disputes as to whether the plaintiff knowingly agreed to such a waiver and which is contrary to state law, as in the recent Michigan Supreme Court precedent in McMillon v. City of Kalamazoo , 983 N.W.2d 79 (Mich. 2023).