Free Newsletter
Manager fails to show age was reason for termination
Where the record showed the man’s position was eliminated because of a need to downsize and because he scored the lowest of the three sales managers on a decision matrix, the employer prevailed on his age discrimination and retaliation claims. Background William Farley sued CMFG Life Insurance Company, or CUNA, for wrongful termination, retaliation and […]
Postal employee’s claims survive motion to dismiss
Where the lawsuit was filed within 90 days of the employee’s receipt of a determination of her second complaint, and that complaint alleged a hostile work environment, the continuing violation doctrine may allow her to overcome any objection as to time-barred discrete acts, so long as all acts are part of the same unlawful employment […]
Employee’s attempt to depose board chair fails
Where an employee asserting claims for age discrimination and retaliation failed to explore reasonable alternatives before he sought to depose the chairman of the board of directors and chairman of its Governance and Compensation Committee, the magistrate judge did not err in granting the bank’s motion for a protective order. Background Bradford Kendrick sued his […]
College prevails on professor’s retaliation claims
Where a college professor argued she was terminated for unlawful reasons, but the record showed the decision was because she was not a good fit for the college and because of reports of threatening and unprofessional behavior, the college prevailed on the retaliation claims. Background In 2017, Summer Lashley signed a one-year contract to teach […]
Payment of wages to DOL didn’t moot FLSA claims
Where defendants sued for allegedly not paying overtime argued the plaintiffs’ Fair Labor Standards Act claims were mooted by the defendants’ tendering of the disputed funds to the Department of Labor, this argument was rejected. Waiver requires an agreement to waive rights, which must exist in addition to payment received. Background This case arises from […]
Suit transferred to EDVA under § 1404
Where the parties, witnesses and documents in an alleged employment discrimination suit were all in the Eastern District of Virginia, and the alleged discrimination occurred in Richmond, the Title VII suit was transferred to that federal court. Background Nelson Ikem has sued his former employer, Mondelez International Inc., asserting employment related claims. Mondelez has moved […]
Claim that government favors older employees dismissed
Where an employee of the United States Immigration and Customs Enforcement, or ICE, alleged that ICE’s COVID-19 testing policy favors “those over 50 that can just up and retire,” his claim under the Age Discrimination in Employment Act, or ADEA, was dismissed. The Supreme Court has concluded that the ADEA does not prohibit favoring older […]
Hostile work environment claim survives motion to dismiss
Where a woman at a logistics company alleged that her supervisor and other employees made derogatory comments “that Chinese people, like [plaintiff], would ‘eat rats, cats, and dogs’” or a question about “why Chinese people are so tiny,” she plausibly alleged a hostile work environment claim. Background Alynna Edouard asserts claims under the Americans with […]
Wal-Mart dodges retaliation claim
Where a former Wal-Mart employee alleged she was fired in retaliation for her alleged whistleblowing activity, but she failed to provide details showing she engaged in activity protected by Title VII, her Title VII retaliation claim was dismissed. Background Catherine S. Morrison claims that she was fired from her position at Wal-Mart’s Danville location “because […]
Salvation Army bell ringer alleges retaliatory discharge
Where a seasonal bell ringer for The Salvation Army was terminated shortly after he complained about white employees getting better, more lucrative bell ringing assignments, he plausibly alleged a claim for retaliation. Background In late 2021, George Weatherford was hired as a seasonal bell ringer for The Salvation Army. He alleges that The Salvation Army […]
Amtrak employee’s Title VII claims must be arbitrated
Where an Amtrak employee alleged that she was subjected to discrimination made unlawful under Title VII, but her claims necessitated the “interpretation or application” of a collective bargaining agreement, they were subject to arbitration under the Railway Labor Act. Background Congress enacted the Railway Labor Act, or RLA, to curb disruption of the rail yards, […]
Jury to decide if employees breached duty of loyalty
Where employees of a government contractor who learned of a subcontract the company was attempting to win then formed their own company, submitted a bid and won the subcontract, a jury will decide if they breached their duty of loyalty to their employer. Background While working for Adnet Inc., Rohit Soni, Laura Barr and Jason […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
Loading ...