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Ex. LAW-077 Legal authority Primary source read

Thomas v. CalPortland Co., 993 F.3d 1204 (9th Cir. 2021) (slip opinion No. 20-70541)

Thomas v. CalPortland Co., 993 F.3d 1204 (9th Cir. 2021) (slip opinion No. 20-70541)

United States Court of Appeals for the Ninth Circuit (Legal authority)

The COVID Project

The record

Level
Legal authority
Authority
Thomas v. CalPortland Co., 993 F.3d 1204 (9th Cir. 2021) (slip opinion No. 20-70541)
Issued
2021-04-14 Apr. 14, 2021
In force
Apr. 14, 2021 (no end date recorded; counted as in force for 120 days)
Character
case

Operative words

The panel held that Section 105(c)'s unambiguous text required a miner asserting a discrimination claim to prove but-for causation. (summary)... both parties urged us to construe the word "because" in Section 105(c) to mean "but-for" causation... Citing Burrage, Nassar, Gross, and Bostock, the parties claimed that the Pasula-Robinette standard conflicts with the Court's instruction that the ordinary meaning of "because" incorporates the "simple and traditional standard of but-for causation."