289 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: Arbitration, civil Procedure, employment Discrimination
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J. Robinson finds that the trial court improperly granted plaintiff, an on air morning show radio personality, partial final judgment absent an express determination that just reason for delay did not exist. Subsequently, the court did not reach issues raised in plaintiff's appeal from an order granting partial summary judgment in favor of his employer on three of 22 of counts.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: March 26, 2024, Case #: 23-141, Categories: civil Procedure, employment
J. Gibbons finds the lower court properly enforced the subpoena filed by the Equal Employment Opportunity Commission. Although the notice was sent to the employer's legal counsel and uploaded to the EEOC's online portal, the employer had accepted service of previous subpoenas in this fashion and cannot claim it was not properly served. Additionally, the improper reply date on the subpoena was merely a scrivener's error that did not render the entire document defective and allowed the court to enforce the subpoena. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 26, 2024, Case #: 23-1719, Categories: civil Procedure, employment, Discovery
J. Trapp finds the lower court properly dismissed the employee's age and ancestry discrimination claims because they are identical to those dismissed with prejudice by a federal court and, therefore, are barred by res judicata. Additionally, the employee failed to exhaust her administrative remedies with the Ohio Civil Rights Commission prior to filing her state court suit, which would have resulted in a dismissal regardless of the res judicata issue. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: March 25, 2024, Case #: 2024-Ohio-1114, Categories: civil Procedure, employment Discrimination
J. McNeill finds that a motion in which a judge and a party who filed an employment action sought an injunction was properly dismissed after the commonwealth eliminated Floyd Circuit Court Division II following the passage of House Bill 348 in 2018, which reduced the number of circuit judges in Floyd County from three to two. The parties lacked standing since they could not prove a possible future injury. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: March 22, 2024, Case #: 2023-CA-0039-MR, Categories: civil Procedure, employment, Judiciary
J. Papillion grants a university's motion to dismiss the age discrimination complaint against the president-chancellor and other college officials by an 82-year-old white, formerly tenured associate professor. The professor alleges the reasons for his firing - student complaints of allegedly racist and sexually inappropriate comments in class - are a pretext for age bias. Supervisors cannot be held individually liable under federal age discrimination law, and he has not exhausted his administrative remedies for his claims against the school.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: March 21, 2024, Case #: 2:23cv1423, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Education, employment Discrimination
J. Pulliam issues several rulings, including denying an Air Force worker’s motion for leave to amend her complaint, after that worker sued the secretary of the Air Force in a pro se case for failing to accommodate her alleged disability and retaliating against her. Multiple ripe motions stacked up because the worker has not responded to filings, which she says is a result of service issues. Regardless, the worker’s delays have been “particularly egregious” and have caused undue prejudice, and this court is “uncertain” why she has been unable to receive court orders.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: March 20, 2024, Case #: 5:22cv1186, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment
J. Hillman grants a company’s motion to dismiss all claims brought against it by its former CEO. The CEO’s claims were already addressed, or could have been addressed, in a prior civil action and are therefore barred from further litigation.
Court: USDC Massachusetts, Judge: Hillman, Filed On: March 19, 2024, Case #: 1:20cv11148, NOS: Stockholders’ Suits - Contract, Categories: civil Procedure, employment, Business Expectancy
J. Pitman mostly adopts a report and recommendations in a civil rights suit brought by a former district manager against a Whataburger franchisee for alleged discrimination against him based on his sex and sexual orientation, finding, among other things, that the former manager cannot bring unconscionability arguments over clauses in his contract which the franchisee has already agreed to waive. The franchisee also cannot compel arbitration because the agreement required arbitration before the American Mediation Association, which no longer exists.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 12, 2024, Case #: 1:23cv686, NOS: Employment - Civil Rights, Categories: Arbitration, civil Procedure, employment
J. Smith finds that the lower court improperly confirmed an arbitration award in this dispute between the appellant and his former employer. The arbitrator ordered the appellant's deposition to occur after a certain date "in direct contravention of the parties' agreement." Accordingly, the award "exceeded the arbitrator's authority." Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 7, 2024, Case #: 05-22-01190-CV, Categories: Arbitration, civil Procedure, employment
J. Kennedy finds the appeals court properly denied the injured employee's petition for a writ of mandamus. Once the Industrial Commission determined she had reached maximum medical improvement and was no longer entitled to workers' compensation benefits, the Bureau of Workers' Compensation was required under Ohio law to recoup the overpayments made between the time she reached maximum improvement and the commission's decision. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 5, 2024, Case #: 2024-Ohio-744, Categories: civil Procedure, employment, Workers' Compensation
J. Dyk finds that the arbitrator properly ruled in this wrongful termination dispute because the U.S. made reasonable efforts to provide the employee notice of termination before the end of the probationary period. Affirmed.
Court: Federal Circuit, Judge: Dyk, Filed On: March 4, 2024, Case #: 2023-2015, Categories: civil Procedure, employment
J. Jordan partly grants the defendant company's post-trial motions in a suit brought by former employees alleging race discrimination and retaliation stemming from alleged disparate treatment that Black employees faced. The jury ruled in favor of all the former employees and awarded each of them $7 million in total damages. The company's motion for judgment as a matter of law is granted as to all of the former employees' race discrimination claims since the evidence was insufficient to support the jury's verdict. The verdict as to the company's liability and the employees' damages "is so contrary to the evidence as to evince bias and prejudice on the part of the jury... The damages awarded are patently nonsensical."
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 1, 2024, Case #: 4:19cv905, NOS: Employment - Civil Rights, Categories: civil Procedure, Civil Rights, employment Discrimination