DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092077P.pdf 05/10/2010 Cathy Burkhart v. American Railcar Industries
U.S. Court of Appeals Case No: 09-2077
and No: 09-3043
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Murphy, Author, with Wollman and Shepherd, Circuit
Judges]
Civil Case - sexual harassment and retaliation. Grant of summary
judgment to employer is affirmed. Federal claim for sexual harassment
was time-barred; state claims are also untimely and continuing violation
doctrine did not save claims. Retaliation claims fail because no
reasonable factfinder could infer a causal connection between her
complaint and her termination based on poor performance or conclude
the reason for her termination was pretextual. Conduct did not meet
standard for state claim of outrage.