296 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
J. Badding finds that a police officer's petition seeking judicial review was properly dismissed after he resigned his position. The officer contends his resignation had been coerced, but he failed to timely serve notice of appeal from the civil service commission’s decision. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: September 13, 2023, Case #: 22-1619, Categories: civil Procedure, employment
J. Tymkovich finds that the lower court improperly issued an order that reopened an employment case where an individual sued his employer with age discrimination claims after he was fired. The individual voluntarily dismissed his suit when his contract required him to arbitrate his claims, but when the arbitrator did not find in his favor, he moved to reopen his case. The lower court did not have the authority to grant this request because it was voluntarily dismissed without prejudice, and as a result, was not a final order. Reversed.
Court: 10th Circuit, Judge: Tymkovich , Filed On: September 11, 2023, Case #: 22-1252, Categories: Arbitration, civil Procedure, employment
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J. Adams grants an individual to file an amended complaint regarding allegations of discrimination against the city’s employees allegedly asking him to leave from the library. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out, if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:22cv196, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Due Process, employment Discrimination
Per curiam, the Supreme Court of Nevada finds the district court properly dismissed the petition for judicial review challenging a decision by the Nevada Employment Security Division’s Board of Review denying the petitioner’s application for unemployment benefits. The rule of civil procedure which adds three days to certain filing periods when service is made by mail, does not apply when filing a petition for judicial review. The petition was filed beyond the statutory time period. Affirmed.
Court: Nevada Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 85155, Categories: civil Procedure, employment
J. Rodriguez finds a lower court ruled correctly by mostly ruling in favor of Austin after an employee accused the city of employment discrimination. The jury found that Austin had indeed taken some retaliatory actions against the employee but awarded him zero damages. The employee argued the jury and the lower court had erred in a number of ways, including when prosecutors referenced “domestic violence allegation details and false news reports” against him during closing arguments, but he did not adequately preserve error, and the jury could have reasonably concluded that he “did suffer mental anguish but [that] it stemmed from other circumstances in his life unconnected to his work environment.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 6, 2023, Case #: 08-23-00041-CV, Categories: civil Procedure, Jury, employment Retaliation
Per curiam, the circuit finds that the district court improperly dismissed a tenured associate professor's pro se claims of pay disparity based on age and sex because she presented evidence that she received different pay than tenured male professors for the same work. On remand, the court should weigh whether actions the school committed outside the relevant statute of limitations constituted adverse employment actions.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 5, 2023, Case #: 22-887-cv, Categories: civil Procedure, employment Discrimination
J. Kennelly denies the airline workers' motion for leave to file an amended complaint against their employer, United Airlines. The workers sued United because they opposed its Covid-19 vaccine and mask mandate for employees, and they brought a dozen different claims. But none of their claims are viable, and they have until Sep. 26 to propose "an amended complaint stating at least one viable claim over which the court has jurisdiction." Otherwise, the case will go to United.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: September 5, 2023, Case #: 1:23cv989 , NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination, Labor
J. Streeter finds that an employee's notice of appeal supported his appeal of the dismissal of his Private Attorneys General Act claim, as well as the preliminary orders before it. The trial court properly found that the state Covid-19 emergency order tolled the limitations period on his Act complaint. But the trial court improperly relied on a federal Act judgment to find that claim preclusion barred the employee's complaint. Reversed in part.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: August 29, 2023, Case #: A163920, Categories: civil Procedure, employment
J. Streeter finds that the trial court must reconsider a motion by employees suing under the Private Attorneys General Act to intervene in a separate Act lawsuit in another court. Mandatory intervention is inapplicable since the movants sought intervention before a settlement was submitted from approval in the separate Act 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: August 29, 2023, Case #: A165320, Categories: civil Procedure, employment, Jurisdiction
J. Stewart reverses the court of appeals decision upholding a finding for a city on a union's complaint, in which it argues a fire chief's retirement created a vacancy in the department, regardless of the fact he was rehired the next day. A vacancy in the fire department occurred immediately upon the retirement and, therefore, the city was required to fill the position via the mandated promotional process. While the chief claims he never intended to resign but merely wanted to collect pension benefits simultaneously, his intent is irrelevant and the case must be remanded to the appeals court to consider the union's previously mooted arguments. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 29, 2023, Case #: 2023-Ohio-2976, Categories: civil Procedure, employment, Labor / Unions
J. Fridy denies the department's petition for a writ of mandamus, in which it challenges the denial of its dismissal motion in the underlying proceeding regarding an individual's unemployment-compensation benefits. The lower court has jurisdiction "to review the question of the timeliness" of the individual's initial administrative appeal. Accordingly, the department is not entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: August 25, 2023, Case #: CL-2023-0346, Categories: civil Procedure, employment
J. Wright denies the employee's motion to compel a discovery conference and grants the employer's motion to stay discovery and related deadlines in the employee's action alleging unpaid wages and retaliation under the Fair Labor Standards Act. The employer has shown that it is sufficiently likely to succeed on the merits of its motion to dismiss to justify a discovery stay, and that continuing discovery while the motion to dismiss is pending would be more prejudicial to the employer than failing to would be to the employee.
Court: USDC Minnesota, Judge: Wright, Filed On: August 22, 2023, Case #: 0:22cv1922, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, employment, Discovery
J. Whelan finds that a former employee may pursue wrongful discharge claims against his employer. Although the employee alleges that he "resigned" in his declaratory relief cause of action, he alleges in his wrongful discharge cause of action that the employer sent him a termination letter. While both claims cannot be true, "this inconsistency is permitted under the Federal Rules of Civil Procedure, which allow pleading in the alternative."
Court: USDC Southern District of California, Judge: Whelan, Filed On: August 21, 2023, Case #: 3:23cv1164, NOS: Other Contract - Contract, Categories: civil Procedure, employment
J. Boone grants, in part, both parties’ ex parte motions to modify the scheduling order of an employment discrimination action. The parties were engaged in negotiations up to the deadline, trial is not imminent and prejudice is minimal.
Court: USDC Eastern District of California, Judge: Boone, Filed On: August 18, 2023, Case #: 1:22cv594, NOS: Labor/Management Relations - Labor, Categories: civil Procedure, Discovery, employment Discrimination
J. Park finds that the district court improperly confirmed an arbitration award and unsealed its provisions in age discrimination claims because the confirmation request was rendered moot when IBM fully paid the award, and attaching the confidential award to the action under seal and seeking unsealing was a tactic meant to skirt the terms of the award. Reversed in part.
Court: 2nd Circuit, Judge: Park, Filed On: August 14, 2023, Case #: 22-1240-cv, Categories: Arbitration, civil Procedure, employment Discrimination