Moran

Moran v. Selig

Good Law
447 F.3d 748·2006 WL 1229122·87 Empl. Prac. Dec. (CCH) 42,351·97 Fair Empl. Prac. Cas. (BNA) 1825·2006 U.S. App. LEXIS 11464
United States Court of Appeals for the Ninth CircuitMay 9, 200604-55647California5,494 words

Opinion

Opinion

Reinhardt, J.

Appellants seek reversal of the district court’s grant of summary judgment on their Title VII and battery claims. We conclude that they have failed to make a prima facie showing of discrimination under Title VII, and to offer evidence of the commission of a battery sufficient to survive summary judgment. With respect to the Title VII claim, we hold in the alternative that appellees had a legitimate nondiscriminatory reason for the actions they took and that such reason was non-pretex-tual. Accordingly, we affirm.

I.

In October 2003, Mike Colbern, a retired Major League Baseball player, brought a class action on behalf of himself and other retired baseball players against Major League Baseball (“MLB”) claiming, in pertinent part, that MLB had (1) violated Title VII by excluding them from medical and supplemental income plans devised by MLB for former Negro League players, and (2) committed battery by subjecting them to a dangerous regimen of cortisone shots and other drugs without their informed consent. Appellants are virtually all Caucasian former MLB players who played in the Major Leagues for less than four years between 1947 and 1979 and were accordingly denied MLB pension…

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