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Tag Archives: Judge Thomas T. Cullen

Employee didn’t administratively exhaust claim (access required)

Where a former employee alleged his former employer refused to rehire him because of his sexual orientation, but his charge of discrimination never mentioned that he applied for other positions, and instead stated that the last instance of discrimination took ...

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Settlement class certified in pizza delivery driver suit (access required)

Where the parties moved to settle the suit alleging that pizza delivery drivers were not paid overtime and the record showed that the collective-action plaintiffs all held the same job, were subject to the same overtime pay calculation, liability was ...

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Delegation question certified to Fourth Circuit (access required)

Where there is substantial ground for difference of opinion on whether non-signatory to an arbitration provision that clearly and unmistakably incorporates arbitral rules delegating questions of “arbitrability” and “jurisdiction” to an arbitrator can move to compel arbitration of a third-party ...

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Alleged whistleblower sued for breaching non-disclosure (access required)

Where a veterinarian spoke with media outlets about how her employer was allegedly treating dogs trained to help law enforcement agencies detect explosives, and the company alleged her disclosures breached her non-disclosure agreement, or NDA, and caused the company “financial ...

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Hearing officer may have violated detainee’s rights (access required)

Where a disciplinary hearing officer refused to allow a detainee charged with “conspir[ing] or making plans to commit/possession of unauthorized drugs,” to call a witness in his defense, and where the detainee was found guilty and lost good-conduct time as ...

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Jury to decide workers’ comp retaliation claim (access required)

Where an employer argued it terminated an employee because of her “poor performance and misconduct,” but the record showed the employee received raises and promotions after these instances, and the employee alleged the general manger was upset that she hired ...

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Arbitrator decides if non-parties can compel arbitration (access required)

Where a doctor asserted claims for defamation, tortious interference and illegal retaliation arising out of the termination of his employment relationship, an arbitrator will decide if two non-parties can take advantage of an arbitration provision in the doctor’s employment agreement. ...

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