New Medico Neurologic Center of Michigan, Inc. v. National Labor Relations Board

holding that “comments by decision-makers that denigrate those over forty” would be sufficient circumstantial evidence of animus in an age discrimination suit | holding punitive damages assessed for fraud dischargeable pursuant to subsection (a)(2), but distinguishing punitive damages assessed for willful and malicious injury pursuant to subsection (a)(6) as nondis-chargeable | holding that punitive damages are nondis-chargeable under § 523(a)(6) | characterizing nine months as “a long gestation period” and finding no causal connection | “Courts may not sit as super personnel departments, assessing the merits — or even the rationality — of employers’ nondiscriminatory business decisions.” | nine months between EEOC complaint and discharge and eighteen months between informal complaint and discharge" too long | “Courts may not sit as super personnel departments, assessing the merits-or even the rationality-of employers nondiscriminatory business decisions.” | “an examination of both the language of Section 523(a)(2) and the structure established in Section 523 as a whole supports the conclusion that Section 523(a)(2), unlike Sections 523(a)(4) and 523(a)(6), does not bar discharge of punitive damages” | The nonmovant must “present definite, competent evidence to rebut the motion.” | nonmovant must “present definite, competent evidence to rebut the motion.” | explaining elements of retaliation charge under the ADEA