Case: 11-10338 Document: 00512328590 Page: 1 Date Filed: 08/01/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 1, 2013
No. 11-10338 Lyle W. Cayce
Clerk
NAIEL NASSAR, MD,
Plaintiff-Appellee Cross-Appellant
v.
UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER,
Defendant-Appellant Cross-
Appellee
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:08-CV-1337
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before REAVLEY, ELROD, and HAYNES, Circuit Judges.
PER CURIAM:*
A jury previously found in favor of Plaintiff Dr. Naiel Nassar on claims
brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.,
for constructive discharge and retaliation. This court vacated in part and
affirmed in part the district court’s judgment, and we remanded for a
recalculation of damages. We rejected the Defendant’s argument that the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 11-10338 Document: 00512328590 Page: 2 Date Filed: 08/01/2013
No. 11-10338
district court erroneously instructed the jury on a mixed-motive theory of
retaliation.
The Supreme Court granted certiorari, vacated, and remanded this case
for further consideration because Title VII retaliation claims must be proved
according to principles of but-for causation rather than the mixed-motive test.
We therefore VACATE the district court’s judgment in its entirety and
REMAND for further proceedings consistent with the opinion of the Supreme
Court.
2