OUBRE v. ENTERGY OPERATIONS, INC.

No. 96-1291.

522 U.S. 422 (1998)

OUBRE v. ENTERGY OPERATIONS, INC.

United States Supreme Court.

Decided January 26, 1998.


Attorney(s) appearing for the Case

Barbara G. Haynie argued the cause for petitioner. With her on the briefs were W. Richard House, Jr., and John S. Lawrence, Jr.

Beth S. Brinkmann argued the cause for the United States et al. urging reversal. With her on the brief were Acting Solicitor General Dellinger, Deputy Solicitor General Waxman, J. Ray Terry, Jr., Gwendolyn Young Reams, and Carolyn L. Wheeler.

Carter G. Phillips argued the cause for respondent. With him on the brief were Michael G. Thompson, O. H. Storey III, Renee W. Masinter, and Rosemarie Falcone.*

Kennedy, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion, in which O'Connor, J., joined, p. 430. Scalia, J., filed a dissenting opinion, p. 434. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., joined, p. 434.


Justice Kennedy, delivered the opinion of the Court.

An employee, as part of a termination agreement, signed a release of all claims against her employer. In consideration, she received severance pay in installments. The release, however, did not comply with specific federal statutory requirements for a release of claims under the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, 29 U. S. C. § 621

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