Neil Argues Before Ninth Circuit
Pedersen Law represented a man who was denied a job after interviewing for two open positions. Our client, a black man with substantial prior experience, was denied the job while two Caucasian men with less experience and qualifications were given the job. During the litigation an HR employee testified in deposition that she had been told by those involved in the decision making process that our client was denied the job because he was black.
Pedersen Law filed a lawsuit in California state court. The matter was removed to the United States District Court in the Central District of California. The defendant brought a motion for summary judgment arguing that the statements of the HR employee were all hearsay and therefore not admissible evidence of discrimination. The federal trial judge agreed and granted the motion for summary judgment.
Pedersen Law filed an appeal. The oral argument to the 9th Circuit Court of Appeals was recorded by the court. The following is the recorded oral argument by firm principal Neil Pedersen, opposed by defense counsel flown in from Cincinnati to argue on behalf of the defendant.
The 9th Circuit Court of Appeals issued the following unanimous Memorandum Opinion overturning the trial court following this oral argument:
Not long after the matter was returned to the trial court on remand from the appellate court, the parties settled the matter. The terms of the settlement are to remain confidential.