Ruling in an age discrimination case, the 5th U.S. Circuit Court of Appeals held recently that a lawyer who unsuccessfully sought a staff counsel position with a software company at age 68 failed to show that he was “clearly better qualified” than the younger lawyer who got the job.

To show he was clearly better qualified than the younger attorney hired, Michael Moss would have had to “present evidence from which a jury could conclude that ‘no reasonable person, in the exercise of impartial judgment, could have chosen the candidate selected’” over him, Judge Carl Stewart wrote in the July 2′s Moss v. BMC Software Inc.

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