Arthur Hollander v. American Cyanamid Company

172 F.3d 192, 1999 U.S. App. LEXIS 5447, 75 Empl. Prac. Dec. (CCH) 45,898, 1999 WL 170733
CourtCourt of Appeals for the Second Circuit
DecidedMarch 29, 1999
DocketDocket 98-7502
StatusPublished
Cited by162 cases

This text of 172 F.3d 192 (Arthur Hollander v. American Cyanamid Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arthur Hollander v. American Cyanamid Company, 172 F.3d 192, 1999 U.S. App. LEXIS 5447, 75 Empl. Prac. Dec. (CCH) 45,898, 1999 WL 170733 (2d Cir. 1999).

Opinions

Judge CALABRESI concurs in the opinion of the Court, and also files a separate opinion.

FEINBERG, Circuit Judge:

Plaintiff Arthur Hollander appeals from the grant of summary judgment in the United States District Court for the District of Connecticut, Warren W. Eginton, J., in favor of defendant American Cyan-amid Company. As of this writing, Hollander’s case has been in the federal courts for more than 13 years. This is also the second time that this court has heard the matter, having remanded the case more than eight years ago in order to allow Hollander to conduct additional limited discovery. Hollander v. American Cyanamid Co., 895 F.2d 80 (2d Cir.1990). Hollander appeals principally from the dismissal of his action asserting a claim for age discrimination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et. seq. He also appeals from the partial grant of Cyanam-id’s motion to strike various portions of his affidavit submitted in support of his memorandum in opposition to Cyanamid’s motion for summary judgment. The district court dismissed the suit on the ground that Hollander’s evidence was insufficient to create an inference that Cyanamid discriminated against him because of his age. See Hollander v. American Cyanamid Co., 999 F.Supp. 252 (D.Conn.1998). For the reasons stated below, we affirm.

I. Background

Hollander began his career with Cyan-amid in 1956 as an employee at the company’s Wallingford, Connecticut facility. He was 30 years old. He left the company in 1960, and returned in 1973 to assume the position of Manager of Management Engineering at Cyanamid’s Lederle facility in Pearl River, New York. At the time of his rehire, he was 47.

As Manager of Management Engineering, Hollander received a yearly progress review from his supervisors that rated his ability in several specific areas. The reviews also included comments that elaborated upon or supplemented the ratings. Hollander’s reviews show that Cyanamid was consistently impressed with his creativity and commitment to his job. He also received regular salary increases, bonuses and stock options. However, the progress reviews, which were conducted by four different supervisors over the course of Hollander’s re-employment at Cyanamid, also consistently documented the perception that Hollander has an abrasive man[196]*196agement style and a difficult personality (hereinafter referred to collectively as “interpersonal problems”). Hollander’s 1974 review noted that he had “created some antagonism by ‘shooting from the hip.’ ” His 1976 review stated that “[improvement is needed in establishing a higher confidence with middle management and communicating on a level which they understand.” Hollander’s 1977 review rated him as “needs improvement,” the lowest possible rating, in the category of “communication,” and noted that Hollander needed to “be more understanding of ... managers’ problems and less antagonistic.” In 1978, he was rated as “needs improvement” in both “communication” and “human relations.” The review commented that Hollander needed improvement “in following communications lines” and that “[t]he tendency to go over anyone who does not immediately respond must be changed.” While Hollander’s January 1980 review rated him “consistently acceptable” in the categories of “communication” and “human relations,” the perceived problems returned in his December 1980 review, in which he was once again rated as “needs improvement” in those categories.

In 1981, Cyanamid transferred Hollander to its Davis & Geek facility in Danbury, Connecticut, and appointed him Manager of Medical Devices. The change of setting, however, did not alter the pattern established in Hollander’s earlier reviews. His 1981 review rated him as “needs improvement” in “human relations.”' In 1982, he received a “needs improvement” rating in “human relations,” “safety,” and “maturity & judgment.” The review noted that “several projects are not getting proper attention because of interpersonal relationship problems.”

Hollander received his worst review in 1983, in which supervisor Robert Duckett rated him as “needs improvement” in the areas of “communication,” “human relations,” “personnel development,” “leadership” and “organizing/staffing.” Duckett elaborated:

[Hollander’s] major problem is a total lack of comprehension of the vital necessity of properly considering all of the appropriate functional groups which must be involved for successful completion and execution of complex projects. He leaves a “trail of wreckage” of interpersonal and inter departmental relationships which eventually inhibit the success of the projects. He seems to ignore the vital “people function” almost completely, and doesn’t comprehend this effect. He operates like a “one man gang” which is not acceptable in a complex, multi-functional team oriented business.

In addition, Hollander’s overall job performance for that year was rated as “needs improvement,” the second-worst possible overall rating.1

Cyanamid terminated Hollander in January 1984. At the time, he was 58 years old.2 He was given six months of severance pay and was told that his management profile would be circulated within Cyanamid to determine if a different division was interested in his services. Hollander was discharged permanently in August 1984. Just before that — in July 1984 — he filed age discrimination complaints with the Connecticut Commission on Human Rights and Opportunities (CCHRO) and the Equal Opportunity Employment Commission (EEOC).

In October 1984, Hollander sought employment with Ethicon, Inc., a medical device manufacturer and competitor of Cyan-amid. Hollander offered to show Ethicon a Cyanamid film demonstrating the appli[197]*197cation of automation to suture manufacturing, which led Ethicon to contact Cyanam-id regarding both Hollander and the film. Cyanamid wrote Hollander, stating that his employment at Ethicon would be inconsistent with a non-competition agreement he had signed in 1973, and that his offer to show Ethicon the film infringed Cyanam-id’s proprietary rights. Without mentioning the non-competition agreement or the dispute over the film, Ethicon informed Hollander that it would not be offering him a position.

In August 1985, Hollander filed suit in the United States District Court for the District of Connecticut, claiming that Cyanamid discharged him in violation of the ADEA. He also claimed that- Cyanam-id’s opposition to his employment at Ethi-con was retaliation for the initial complaints he had brought before the CCHRO and the EEOC and, as such, was a second violation of the ADEA. Hollander further contended that Cyanamid’s alleged retaliation amounted to tortious interference with a business expectancy under Connecticut law. Finally, he alleged that Cyanamid’s practices violated federal and state antitrust laws and state law prohibitions on unfair trade practices. Hollander later dropped the antitrust and unfair trade practices claims.

In March 1989, the district court granted Cyanamid’s motion for summary judgment on Hollander’s ADEA claims.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Baldwin v. Emi Feist Catalog, Inc.
989 F. Supp. 2d 344 (S.D. New York, 2013)
Aukema v. Chesapeake Appalachia, LLC
904 F. Supp. 2d 199 (N.D. New York, 2012)
Williams v. Mount Sinai Medical Center
859 F. Supp. 2d 625 (S.D. New York, 2012)
Floyd v. City of New York
861 F. Supp. 2d 274 (S.D. New York, 2012)
Liberty Media Corp. v. Vivendi Universal, S.A.
874 F. Supp. 2d 169 (S.D. New York, 2012)
Serrano v. Cablevision Systems Corp.
863 F. Supp. 2d 157 (E.D. New York, 2012)
Medisim Ltd. v. Bestmed LLC
861 F. Supp. 2d 158 (S.D. New York, 2012)
Gucci America, Inc. v. Guess?, Inc.
831 F. Supp. 2d 723 (S.D. New York, 2011)
Pineda v. Masonry Construction, Inc.
831 F. Supp. 2d 666 (S.D. New York, 2011)
Wolf v. New York City Department of Education
708 F. Supp. 2d 327 (S.D. New York, 2010)
Avgerinos v. Palmyra-Macedon Central School District
690 F. Supp. 2d 115 (W.D. New York, 2010)
A.D. v. Board of Education of the City School District
690 F. Supp. 2d 193 (S.D. New York, 2010)
THOIP v. Walt Disney Co.
690 F. Supp. 2d 218 (S.D. New York, 2010)
L & L Wings, Inc. v. Marco-Destin, Inc.
676 F. Supp. 2d 179 (S.D. New York, 2009)
Di Giovanna v. Beth Israel Medical Center
651 F. Supp. 2d 193 (S.D. New York, 2009)
Primmer v. CBS Studios, Inc.
667 F. Supp. 2d 248 (S.D. New York, 2009)
Petaway v. City of New Haven Police Department
541 F. Supp. 2d 504 (D. Connecticut, 2008)
Allen v. City of New York
466 F. Supp. 2d 545 (S.D. New York, 2006)
Freeland v. AT & T Corp.
238 F.R.D. 130 (S.D. New York, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
172 F.3d 192, 1999 U.S. App. LEXIS 5447, 75 Empl. Prac. Dec. (CCH) 45,898, 1999 WL 170733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-hollander-v-american-cyanamid-company-ca2-1999.