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McKENNA v. CITY OF PHILADELPHIA

Nos. 09-3567, 10-3430.

649 F.3d 171 (2011)

Michael McKENNA; William K. McKenna; Raymond Carnation, Appellants v. CITY OF PHILADELPHIA. Michael McKenna; William McKenna; Raymond Carnation v. City of Philadelphia, Appellant.

United States Court of Appeals, Third Circuit.

No. 10-3430 Argued July 11, 2011.

Filed: August 17, 2011.

Attorney(s) appearing for the Case

Brian M. Puricelli (Argued), Law Offices of Brian Puricelli, Newtown, PA, for Appellants/Cross-Appellees.

Eleanor N. Ewing (Argued), City of Philadelphia Law Department, Mark J. Foley , Dexter R. Hamilton , George A. Voegele, Jr. , Cozen O'Connor , Philadelphia, PA, for Appellee/Cross-Appellant.

Before: SLOVITER, FUENTES, and VANASKIE, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In Staub v. Proctor Hosp., ___ U.S. ___, 131 S.Ct. 1186, 1189, 179 L.Ed.2d 144 (2011), the Supreme Court addressed "the circumstances under which an employer may be held liable for employment discrimination based on the discriminatory animus of an employee who influenced, but did not make, the ultimate employment decision." Today we consider, in light of Staub,...

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