293 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
J. Atchley grants the circuit court clerk's motion to dismiss his second counterclaim, in which he seeks attorney fees related to a previous lawsuit against him involving "identical allegations" of sexual harassment. The court finds that dismissal of the counterclaim is appropriate under Rule 21, as it "does not resolve the entire action." Additionally, the court will deny the clerk's request for partial summary judgment as to his first counterclaim, which also seeks attorney fees.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: May 16, 2024, Case #: 3:20cv293, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, employment Discrimination, Attorney Fees
J. Clark denies the postal service's motion to dismiss for improper service a former employee's pro se suit alleging race, sex, and age discrimination. The employee shall properly serve the postal service with summons and complaint no later than June 14, 2024.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: May 15, 2024, Case #: 4:23cv1186, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
Vice Chancellor Zurn dismisses claims in which 85 former BuzzFeed employees seek to arbitrate employment claims against the successor company under provisions contained in old employment agreements because the claims, which rely on the agreements, delegate the question of arbitrability to the arbitrator. Meanwhile, claims in which six employees request to dismiss an action seeking injunctive relief should be dismissed for failure to produce their employment agreements.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: May 15, 2024, Case #: 2023-0377-MTZ, Categories: Arbitration, civil Procedure, employment
J. Doss finds that the lower court improperly denied the city's plea to the jurisdiction in this employment discrimination lawsuit. The former employee failed to show that her termination was "an instance of disparate discipline" in support of her claims for age and sex discrimination. Accordingly, the former employee's claims are dismissed based on a lack of subject matter jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 15, 2024, Case #: 07-23-00275-CV, Categories: civil Procedure, Jurisdiction, employment Discrimination
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Fasciale finds that the appellate division improperly allowed employees to continue claims contending they had not been paid for pre- and post-shift work because the cited amendments to state wage payment law were not in effect when the alleged violations occurred and were not intended to be applied retroactively. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: May 14, 2024, Case #: A-3-23, Categories: civil Procedure, employment
J. Gwin grants the city's motion for judgment on the pleadings, ruling the police officer's state and federal discrimination claims must be dismissed for a failure to exhaust his administrative remedies. He has yet to receive a "right to sue" letter from the EEOC. Meanwhile, because the officer details the actions of only a single individual in his complaint regarding an alleged conspiracy to remove him from the rank of commander, his civil conspiracy claim fails.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: May 13, 2024, Case #: 1:23cv2193, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Retaliation
J. Robbenhaar grants the city's motion for summary judgment, ruling that because the contract and due process claims brought by the police officer are identical to the ones litigated in disciplinary and administrative proceedings immediately after his termination, they are barred by res judicata.
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: May 2, 2024, Case #: 1:21cv1113, NOS: Labor/Management Relations - Labor, Categories: civil Procedure, Government, employment Retaliation
Per curiam, the Texas Suprme Court grants AutoZoner's petition for mandamus relief allowing two out-of-state attorneys to appear pro hac vice in an underlying age discrimination lawsuit filed by a former employee. The trial court and court of appeals denied the attorneys' motion to appear in the case, reasoning that they signed documents without being formally admitted to the case. However, it is common practice for out-of-state attorneys' names to be listed below the name and signature of the Texas attorney who makes the filing and raises no ethical concerns.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 26, 2024, Case #: 22-0719, Categories: civil Procedure, employment
J. Dick grants a request by the state department of corrections, dismissing on procedural grounds the Title VII complaint of a fired black prison lieutenant, a 20-year veteran. He alleges he was fired for his use of force on an inmate, but a white captain who allegedly committed equal or greater violations of department police in the same incident, got to keep his job. The lieutenant’s claims of racial bias favoring the white captain fail because employees of different rank or status cannot be similarly situated.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 26, 2024, Case #: 3:22cv897, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, employment Discrimination, employment Retaliation
J. Garcia finds that the appellate division properly dismissed employment discrimination, hostile work environment, and retaliatory termination claims an adjunct professor brought against the university, its administrators, and her colleagues. The district court found for defendants in the original federal claims, and the nearly identical state court action was barred by collateral estoppel. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 37, Categories: civil Procedure, employment Discrimination
J. Oliver grants FedEx's motion for summary judgment, ruling the employee's hostile work environment claims were filed outside the statute of limitations and, therefore, must be dismissed as untimely. Meanwhile, because the employee failed to cite any similarly situated employees as comparators for his age and race retaliation claims, those fail as a matter of law and the lawsuit will be dismissed in its entirety.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 25, 2024, Case #: 3:22cv1472, NOS: Employment - Civil Rights, Categories: civil Procedure, employment, employment Discrimination
J. Segal finds that the trial court should have granted an employer's motion to vacate a renewal of judgment for interest on an attorney fee award. Following a reversal that added to a previous attorney fee award in favor of an employee, the employee's attorneys sought interest from the time of the original trial court denial of fees. But because the appellate decision was not a modification, the interest on the fee award began to accrue when the appeals court reversed. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 24, 2024, Case #: B327821, Categories: civil Procedure, employment, Attorney Fees
J. Reyes reverses the administrative law judge's finding that the employee waived any right to continuation of health insurance coverage by signing a separation agreement. Administrative law judges do not have authority to decide whether individuals have contractually waived such claims under the relevant Minnesota statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: April 22, 2024, Case #: A23-1024, Categories: civil Procedure, employment, Health Care
J. Murray finds that the trial court’s improperly sustained preliminary objections filed by a waste company in this employment dispute in which an employee alleges he was fired for using medical marijuana for back pain in violation of the Medical Marijuana Act. The employee has established relief under the Act since he was fired solely on the basis of his use of medical marijuana. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 19, 2024, Case #: J-S08019-24, Categories: civil Procedure, employment, employment Retaliation