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Chen v. Dow Chem. Co., No. 08-1597

In an action claiming that defendant terminated plaintiff based on her race, summary judgment for defendant is affirmed where: 1) defendant had ample evidence of plaintiff's performance problems; 2) no reasonable jury could find that it was "more likely than not" that plaintiff's performance was a pretext for an illegal motive; and 3) plaintiff failed to create a genuine issue of material fact as to pretext on her retaliation claim.

Appellate Information

Argued: June 11, 2009

Decided and Filed: September 8, 2009


Opinion by Judge Martin


For Appellant:

Bryan L. Monaghan, Law Office of Bryan Monaghan, Rochester, MI

For Appellee:

Edward J. Bardelli, Warner, Norcross & Judd LLP, Grand Rapids, MI