289 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
J. Deavers denies the employer's motion to dismiss, ruling that while the bankruptcy trustee of the Japanese employee is the actual party-in-interest for any discrimination claims, dismissal would be an extreme remedy. The trustee is likely unaware of the suit and, therefore, the trustee will be notified of this action and given 30 days to pursue joinder or substitution.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: February 28, 2024, Case #: 2:22cv290, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Chin finds that the district court improperly dismissed claims brought under the Federal Employers' Liability Act concerning an injury after initially declining to find for the transit agency. Two years after the initial decision, and just days before a bench trial, the court reconsidered and granted summary judgment without providing the parties notice or allowing the employee to oppose the finding.
Court: 2nd Circuit, Judge: Chin, Filed On: February 27, 2024, Case #: 22-1921-cv, Categories: civil Procedure, employment, Tort
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J. Smith finds that the trial court properly dismissed claims contending the university fired a tenured professor without following procedures outlined in the faculty handbook because the court was allowed to seek supplemental submissions on the board's decision-making process, and the teacher had the right to contest evidence presented in the case. Affirmed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: February 16, 2024, Case #: A-0089-22, Categories: civil Procedure, employment Discrimination
J. Bourliot finds that the trial court improperly denied Galveston County's plea to the jurisdiction in a case stemming from the firing of a sheriff's officer for his "off-duty, racially-motivated assault of another employee" after he consumed alcohol at a memorial event for the Santa Fe High School mass shooting. The officer did not timely file his administrative complaint within the 180-day limitations period. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: February 13, 2024, Case #: 14-23-00109-CV, Categories: civil Procedure, employment, Jurisdiction
J. Oliver denies, in part, the employer's motion to dismiss, ruling the employee's hostile work environment claim is not time-barred. The final act included under that claim - a coworker's invite to the beach so he could take pictures of her - occurred within 300 days of the filing the employee's initial claim. Meanwhile, the alleged repeated propositions for sex made by several employees, none of which were responded to by the employer with disciplinary action, are sufficient to support the employee's hostile work environment claim.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 12, 2024, Case #: 3:22cv882, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Retaliation
J. Knapp grants the employer's motion for summary judgment, ruling any of the female employee's claims of gender-based retaliation or harassment that occurred before November 9, 2019 are time-barred based on the filing date of her EEOC complaint. Additionally, although the employee undoubtedly engaged in protected activity when she reported alleged discrimination and filed the EEOC complaint, her failure to comply with an expectations sheet implemented after previous disciplinary issues gave the employer a legitimate reason to fire her.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: February 9, 2024, Case #: 5:21cv1573, NOS: Employment - Civil Rights, Categories: civil Procedure, Evidence, employment Discrimination
J. Segal dismisses a city employee's appeal, finding that a trial court remand to a civil service commission board will provide him an opportunity to argue that he is entitled to back pay. The trial court's judgment, which set aside his suspension and ordered the board to reconsider the discipline he deserves for an unexcused absence, was not final and appealable.
Court: California Courts Of Appeal, Judge: Segal, Filed On: February 8, 2024, Case #: B328414, Categories: civil Procedure, employment
J. Russell grants the Federal Emergency Management Agency’s motion to dismiss this employment dispute brought by a former logistics management specialist alleging discrimination, failure to hire and unlawful termination due to her race, sex and autism disability. The specialist’s claims are untimely and unexhausted making dismissal appropriate. Therefore, she cannot exhaust administrative remedies her motion to amend pleading is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:22cv2355, NOS: Employment - Civil Rights, Categories: civil Procedure, Civil Rights, employment Discrimination
J. Pedersen grants a school district's motion to set aside default judgment entered in pro se claims contending a part-time cleaner had been fired due to gender, disability, and national origin because the school district did not immediately answer the complaint due to confusion with its insurer, and the cleaner failed to establish the lack of response had been intentional.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: February 7, 2024, Case #: 6:23cv6583, NOS: Employment - Civil Rights, Categories: civil Procedure, employment, employment Discrimination
J. Welbaum finds the trial court properly dismissed the fire captain's employment case against the city for a failure to prosecute because the nearly 5-year delay between the initial filing and dismissal clearly indicated a lack of compliance with the court's schedule and a complete disregard for procedural standards. Although the captain's attorney cited ongoing medical issues as the root cause of various delays, it was the client's responsibility to obtain new counsel if his current attorney could not adequately represent him, while the court also encouraged the attorney to hire co-counsel - advice that was not followed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 2, 2024, Case #: 2024-Ohio-365, Categories: civil Procedure, employment Retaliation