U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

Smith v. City of Allentown, No. 09-1998

In plaintiff's suit against a city and its mayor claiming discrimination based upon his age and political affiliation after he was discharged as a city superintendent (he had been appointed by a former Republican mayor), summary judgment in favor of the defendants is affirmed as plaintiff failed to produce evidence that his allegedly inadequate job performance was a pretext for unlawful discrimination of any kind.  

Read Smith v. City of Allentown, No. 09-1998

Appellate Information

On Appeal from the United States District Court for the Eastern District of Pennsylvania

Opinion Filed December 22, 2009


Before:  Scirica, Chief Judge, Jordan and Cowen, Circuit Judges

Opinion by Circuit Judge  Jordan


For Appellant:  Richard J. Orloski

For Appellee:   Edward J. Easterly, George C. Hlavac, Steven E. Hoffman, Tallman Hudders & Sorrentino