138 results for 'cat:"Employment" AND cat:"Jurisdiction"'.
J. Lin remands to superior court the state's complaint accusing O'Reilly Auto of not only routinely denying its employees' requests for pregnancy accommodations, but actively retaliating against those that who make the requests. The state presents ample evidence that its claim under the Washington Law Against Discrimination will affect employees on a state level, and the state pleads its Washington Consumer Protection Act in good faith by including examples of other lawsuits where the Attorney General pleaded CPA violations in the context of employment.
Court: USDC Western District of Washington, Judge: Lin, Filed On: December 7, 2023, Case #: 2:23cv1370, NOS: Employment - Civil Rights, Categories: Consumer Law, jurisdiction, employment Discrimination
J. Budd transfers a case from Housing Court to the Superior Court of Massachusetts. Based on the plain language of a statute, the Housing Court does not have jurisdiction over this case because the landlord being sued for pregnancy discrimination chose to have the complaint against him heard in court, rather than by commission, and when such an election is made, the Superior Court is the designated court.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: December 6, 2023, Case #: SJC-13438, Categories: employment, jurisdiction, employment Discrimination
J. Spain finds that the trial court improperly denied the university's plea to the jurisdiction in an employment discrimination suit where a white applicant for a tenure-track position alleged the university chose a "person of color" instead of her. The applicant failed to give either direct or indirect evidence of race or national-origin discrimination. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: November 30, 2023, Case #: 14-22-00861-CV, Categories: jurisdiction, employment Discrimination
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J. Graham denies the employer's motion to dismiss, ruling that although it is based in Florida, its decision to form a partnership with the Ohio-based employee and allow him to work from home satisfies Ohio's long-arm statute and establishes jurisdiction for the employee's lawsuit.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: November 20, 2023, Case #: 2:22cv4376, NOS: Stockholders’ Suits - Contract, Categories: employment, jurisdiction, Contract
J. Benavides finds that the lower court improperly denied the university's plea to the jurisdiction in this lawsuit brought by a former employee alleging racial discrimination and retaliation. The former employee failed to sufficiently plead his claim for racial discrimination, but he also should have been given a chance to amend his petition. Accordingly, that claim will be remanded. He also failed to state a "viable retaliation claim," and his civil conspiracy claim "cannot be saved." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: November 9, 2023, Case #: 13-23-00062-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Battaglia grants a staffing group's motion to dismiss Fair Labor Standards Act claims brought by an employee, a citizen of Texas, who claims the company failed to pay him time and a half for overtime. Although the staffing company, which is primarily located in Massachusetts, is registered to do business in California and maintains offices in the state, there are no allegations that the employee's injuries arose from the company's California presence, so the court lacks personal jurisdiction.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: October 18, 2023, Case #: 3:23cv820, NOS: Fair Labor Standards Act - Labor, Categories: employment, jurisdiction, Labor
J. Marcus finds that the 11th Circuit lacks jurisdiction to consider whether the district court properly ruled in favor of the employer and the company on claims brought by the former employee alleging violations of the Florida Public Whistleblower Act, the False Claims Act and the Florida Private Whistleblower Act. The district court refused to find in favor of the employer and company on a claim for tortious interference with business relations. The ex-employee alleged that she was fired for reporting to the employer and company that the company's prison pharmacies were incorrectly logging a drug used to treat Hepatitis C as a narcotic. The district court's order did not dispose of all of the ex-employee's claims against the company. The tortious interference claim remains open and overlaps with the dismissed counts, therefore there is no final judgment for the 11th Circuit to review with respect to the company.
Court: 11th Circuit, Judge: Marcus, Filed On: October 17, 2023, Case #: 21-14214, Categories: jurisdiction, Whistleblowers, employment Retaliation
J. Cook issues a writ of mandamus sought by a church assistant to dismiss defamation claims filed by a pastor against her for having informed his new church of rape allegations and writing a blog post about the incident . As the assistant resides in another state and does not have sufficient contacts with Alabama, the court lacks jurisdiction.
Court: Alabama Supreme Court, Judge: Cook, Filed On: October 13, 2023, Case #: SC-2023-0062, Categories: employment, Defamation, jurisdiction
J. Joseph denies remand to an offshore anchor handler suing his maritime employer for a work-related accident. Because he is not qualified as a seaman under the Jones Act, he may not return his personal injury suit to state court. Generally, Jones Act cases filed in state court may not be removed to federal jurisdiction. The ruling adopts the recommendations of a magistrate judge’s report.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: October 5, 2023, Case #: 6:23cv649, NOS: Marine - Contract, Categories: employment, Tort, jurisdiction
J. Goodwin grants the board defendants' dismissal motion as to the former police chief's federal claims for failure to state a claim. The former chief contends that his termination was in retaliation for his "engaging in protected speech addressing a matter of public concern," but he fails to establish his claims under Section 1983. Specifically, his communications were made pursuant to his official duties. The court also declines to exercise jurisdiction over his state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv773, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, employment, jurisdiction
J. Goodwin grants the state's dismissal motion in this lawsuit brought by a former employee alleging violations of her rights in connection with her termination. She specifically contends that her termination was based on age and gender discrimination, as well as retaliation for "reports of sexual harassment of other employees." However, the allegations do not establish gender bias under Title VII. The court also declines to exercise jurisdiction over her state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv1095, NOS: Employment - Civil Rights, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Smith finds that the trial court improperly ruled in favor of the city and its officials in a police officer's suit stemming from his termination for a crash that resulted from a high-speed chase, in which he had a civilian riding in his vehicle. There is an issue of fact as to whether the city council had the authority to fire the officer. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: September 28, 2023, Case #: 10-22-00391-CV, Categories: employment, Municipal Law, jurisdiction
J. Watkins dismisses, for lack of personal jurisdiction in favor of the foreign corporation employer in an amended complaint of race discrimination claims. “When a defendant exerts a high degree of control over an entity, the contacts created by the entity are, in reality, created by the defendant.”
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: September 28, 2023, Case #: 2:22cv625, NOS: Employment - Civil Rights, Categories: Civil Rights, jurisdiction, employment Discrimination
J. Schreier finds that an individual did not articulate a federal-law claims which could survive a motion to dismiss in a matter in which The individual's employer required all employees to be fully vaccinated for Covid-19. The individual objected to receiving the vaccine and to complying with
the testing requirements citing “sincerely held religious beliefs.” The matter is dismissed for lack of jurisdiction.
Court: USDC South Dakota, Judge: Schreier, Filed On: September 26, 2023, Case #: 5:22cv5081, NOS: Insurance - Contract, Categories: employment, jurisdiction, Covid-19
[Modified.] J. Streeter makes more than a dozen clarifications with no change in judgment. The trial court must reconsider a motion by employees suing under the Private Attorneys General Act to intervene in a separate PAGA lawsuit in another court. Mandatory intervention is inapplicable since the movants sought intervention before a settlement was submitted from approval in the separate PAGA case. But the trial court may grant permissive intervention after considering a motion for a stay and the possibility of exclusive concurrent jurisdiction. Vacated.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: September 25, 2023, Case #: A165320, Categories: Civil Procedure, employment, jurisdiction
J. Stiglich finds that the hearing officer properly dismissed the corrections employee's appeal of a disciplinary action. The employee failed to attach the written notification of the action to the appeal form. This requirement is a procedural claim-processing rule, is not jurisdictional, and the failure to attach the written notice did not divest the hearing officer of jurisdiction. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 21, 2023, Case #: 83942, Categories: Civil Procedure, employment, jurisdiction
J. McFarland grants, in part, the township's motion for summary judgment, ruling the female detective cannot make a prima facie case for sex discrimination. Her termination was based on insubordination that had nothing to do with her gender; in fact, she conceded during her deposition she was fired for "reporting a wrongdoing" related to Covid-19 protocols.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 15, 2023, Case #: 1:20cv842, NOS: Employment - Civil Rights, Categories: jurisdiction, employment Discrimination, Whistleblowers