Lesane

Lesane v. Aloha Airlines, Inc.

Good Law
226 F. App'x 693
United States Court of Appeals for the Ninth CircuitMarch 20, 2007No. 04-16793California2,124 words

Opinion

Lead Opinion

MEMORANDUM **

Reza Lesane, a 59 year-old African-American man, appeals the grant of summary judgment on his race and age discrimination, wrongful discharge, and breach of contract claims in favor of his former employer, Aloha Airlines (“Aloha”), and one of its managers. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review a district court’s decision on summary judgment de novo. See Qwest Commc’ns Inc. v. City of Berkeley, 433 F.3d 1253 , 1256 (9th Cir.2006). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. See Fed.R.Civ.P. 56(c); Guebara v. Allstate Ins. Co., 237 F.3d 987, 992 (9th Cir.2001). A fact issue is genuine “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986).

*697 1. Hostile Work Environment

With respect to Lesane’s hostile work environment claim based on the “whooping noises,” the claim must fail because Lesane offered no evidence…

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