IL: Federal Court Applies Illinois Summary Judgment Standard to Workers' Comp Retaliatory Discharge Claim

IL: Federal Court Applies Illinois Summary Judgment Standard to Workers' Comp Retaliatory Discharge Claim

The Seventh Circuit Court of Appeals has held that when a retaliatory discharge case governed by Illinois law is litigated in a federal court, the federal court must apply the standard of the state law to a motion for summary judgment, and not the federal standard, because the standards are materially different and the difference is rooted in a substantive policy of the state.

Case: John Gacek v. American Airlines (July 15, 2010), 2010 U.S. App. LEXIS 14487

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