289 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
J. Griffin answers a certified question that prescription is interrupted when another suit that is commenced is sufficient to fully apprise a defendant of the nature of the claim of the plaintiff, and what is demanded of the defendant. Under statute, prescription is interrupted when a defendant knows what legal demands are made on him or her from the description in the petition. In this case, a former Alcohol and Tobacco Control employee claimed that he was fired in retaliation for submitting written complaints describing violations in his state suit before filing a complaint in federal district court asserting substantially similar facts.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: January 26, 2024, Case #: 2023-CQ-00257, Categories: civil Procedure, employment, employment Retaliation
J. Robie finds that the trial court properly denied a county's anti-SLAPP motion, which it filed in an effort to strike a demoted employee's whistleblower retaliation complaint. Though it was error to hold that the county was required to fully cite the parts of the complaint it sought to strike, its demotion of the employee was not protected conduct under anti-SLAPP law. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: January 25, 2024, Case #: C095426, Categories: Anti-slapp, civil Procedure, employment Retaliation
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J. Self denies the Secretary of the Air Force's motion to dismiss the employee's race and age discrimination action. The employee properly served the attorney general by putting copies of the summons and complaint in the mail four days before the deadline. The employee is therefore entitled to reasonable time to cure his failure to serve the local U.S. attorney. Although the employee mailed documents to the Secretary at an incorrect address, the error was not unreasonable and the employee mailed new copies to the Secretary's preferred address two weeks after being alerted of the mistake.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: January 25, 2024, Case #: 5:23cv210, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Roemer allows plaintiffs to continue class claims contending a company failed to pay home care workers overtime, reimburse expenses, and provide proper wage notices. The viability of the untimely wage payment claims has been adjudicated against the company, and there remain outstanding factual and legal questions regarding the company's timekeeping policies.
Court: USDC Western District of New York, Judge: Roemer , Filed On: January 24, 2024, Case #: 1:19cv1417, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, employment
J. Chase finds that the trial court should not have granted a payroll company's exception of no cause of action on the employer's claim that its employee requested unauthorized non-taxable reimbursements from its account that were disbursed by the payroll company. In this case, the employer should have been allowed the opportunity to amend its petition. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: January 22, 2024, Case #: 2024-C-0016, Categories: civil Procedure, employment, Damages
J. Elgo finds the lower court properly granted the employer's motion for summary judgment on pregnancy discrimination claims. Not only was the employee's lawsuit filed outside the 180-day statute of limitations, but she also failed to provide evidence of an adverse employment action, given that no administrative position were available when she returned from maternity leave and she failed to apply for any other similar positions with other companies. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: January 19, 2024, Case #: AC46206, Categories: civil Procedure, employment Discrimination
J. Guerrero finds that the appeals court properly reinstated a representative Private Attorneys General Act complaint that the trial court had dismissed on manageability grounds. Trial courts lack the broad authority to strike claims for judicial economy reasons, as their inherent authority is limited to situations such as frivolous claims and a failure to prosecute. Also, the unique manageability requirements of class actions, which sound in equity, do not apply to Act claims, which are statutory enforcement actions that do not ask trial courts to consider superiority or the predominance of common issues. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: January 18, 2024, Case #: S274340, Categories: civil Procedure, employment, Class Action
J. Aarons finds that a teacher's assistant at a private Catholic school was improperly ruled ineligible for benefits after being fired for failing to meet Covid-19 vaccination mandates because she received insufficient time to get the shot to be disqualified for voluntarily leaving her job without good cause, despite requesting to consult with her doctor. On remittal, the court should consider whether she had been fired for misconduct. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 18, 2024, Case #: CV-23-0001, Categories: civil Procedure, employment, Covid-19
J. Torres denies a former Customs and Border Patrol employee’s motion for appointment of counsel after she sued the agency on her own behalf for discrimination. Not only is the employee unlikely to succeed in her case, but she has demonstrated “sufficient financial resources to continue her search for counsel,” including because she has savings and paid an initial filing fee.
Court: USDC Western District of Texas , Judge: Torres, Filed On: January 3, 2024, Case #: 3:22cv139, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Civil Rights, employment Discrimination
J. Maze grants, in part, a steel supply company and four coworkers’ motion to dismiss in this employment dispute brought by a former employee. The employee alleges race discrimination, sexual harassment, physical abuse by three coworkers, retaliation and he was wrongfully terminated for threating a lawsuit to the supervisor. The court dismisses the steel supply company on all claims, but the retaliation claim shall proceed since the former employee was terminated before he could file a EEOC complaint. The former employee may proceed against three of the coworkers on the assault and battery claims. The remaining parties must meet confer on the claims that persist.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 3, 2024, Case #: 1:23cv625, NOS: Employment - Civil Rights, Categories: civil Procedure, employment, Assault
J. Trauger accepts the recommendation of the magistrate judge and grants summary judgment to Amazon in this lawsuit brought by a former employee who allegedly underwent back surgery and was subsequently terminated from her employment. The former worker contends that her termination was in violation of her rights under the Americans with Disabilities Act. However, the magistrate judge found that she was "unable to work any job," based on her own testimony, in the two years before her termination. Her objections to the magistrate judge's report are meritless.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 27, 2023, Case #: 3:20cv1029, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Khouzam finds that the department of children and families properly denied petitioner an exemption from disqualification from employment in positions having direct contact with children or vulnerable adults based on petitioner's history of arrests for sexual battery and grand theft. Affirmed.
Court: Florida Courts Of Appeal, Judge: Khouzam, Filed On: December 27, 2023, Case #: 2D22-3612, Categories: civil Procedure, employment
Per curiam, the appellate division finds that the trial court improperly declined to serve late notice of claim in an action contending a police officer was constructively discharged after complaining about sexual harassment. The officer should have been allowed to file late notice for claims brought under the human rights law because the town and others had knowledge of the facts. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 22-01774, Categories: civil Procedure, employment
[Consolidated.] J. Wecht finds that the lower court improperly determined that a classified corrections officer was entitled to preference for a promotion he was passed over for in favor of a non-classified employee under Pennsylvania. The ascension of the unclassified employee to a classified service position with higher pay with the same public employer is did not constitute a “promotion,” the scenario where preference would be relevant; it constitutes an appointment because it is based on merit. Reversed in part.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: December 19, 2023, Case #: J-26A-2023, Categories: civil Procedure, employment, Government
Per curiam, the appellate division finds that the lower court properly dismissed a fired employee's civil rights suit as untimely. The employee's suit was based on claims she already asserted in federal court. While the state law claim dismissal was not on the merits, the employee failed to commence this action within the six month statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 19, 2023, Case #: 06483, Categories: civil Procedure, employment Discrimination
J. Calabrese grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's Family and Medical Leave Act claims are barred against the county, which does not qualify as a public agency under the statute.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: December 15, 2023, Case #: 1:23cv713, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Retaliation