In a quiet, non-precedential opinion handed down Feb. 24, the 3rd U.S. Circuit Court of Appeals declined an opportunity to clarify what weight, if any, testimony from interested witnesses should receive in a motion for summary judgment. In doing so, however, the court sent a resounding message about what evidence is necessary to overcome a motion for summary judgment.
In Snooks v. Duquesne Light Co. , William Snooks alleged that he did not receive a promotion on the basis of his race. The employer argued that the promotion was given to a white female because she performed better than Snooks in the second interview, in large part because of an understanding of corporate policies and in particular drug and discipline policies, according to the opinion.
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