288 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
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. 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
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J. Horton finds that the lower court properly ruled for the defendant restaurant operator in this lawsuit brought by a pair of customers alleging race discrimination under the Maine Human Rights Act, based on an alleged racial slur by one of the restaurant's employees. The lower court did not err in determining that the company was not vicariously liable for the employee's actions, as the company has a zero-tolerance policy regarding discrimination and promptly responded to the customer's complaint. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 18, 2024, Case #: 2024ME27, Categories: civil Procedure, Civil Rights, employment
J. Gilbert finds that the trial court erred in striking an employee's Private Attorneys General Act complaint. She has standing under the Act to sue on behalf of herself and other employees because she alleged she was an "aggrieved" employee and was deprived of timely meal periods, which made her subject to at least one labor law violation. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: April 18, 2024, Case #: B326759, Categories: civil Procedure, employment
J. Clay finds the reinstatement order issued by the trial court is not barred by judicial estoppel as a result of the employee's failure to file notice of her employment lawsuit during bankruptcy proceedings. The order had no bearing on the employee's distribution of debts and was unrelated to any potential damages. Meanwhile, the court lacks jurisdiction over the award of damages and attorney fees to the employee because none of those orders were finalized by the lower court; therefore, the remainder of the appeal will be dismissed. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: April 17, 2024, Case #: 22-5761, Categories: Bankruptcy, civil Procedure, employment
J. Starr finds that an employee who alleges that the owner of the company she worked for sexually harassed her on a daily basis and then fired her for not deleting harassing text messages he sent to her is entitled to back pay and compensatory damages in a default judgment. The employee’s pleading and the merits of her case are sufficient to meet required standards for a default judgment award. However, punitive damages are denied because, in total, with compensatory and back pay, the damages would exceed statutory limits.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 16, 2024, Case #: 3:22cv1181, NOS: Employment - Civil Rights, Categories: civil Procedure, Emotional Distress, employment Discrimination
Per curiam, the court of appeals finds the administrative employees are not entitled to a writ of mandamus to invalidate the policy that led to their terminations. Although the school board's policy did not contain a "detailed list of criteria," it met statutory requirements and was justified in light of budgetary constraints faced by the district.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: April 11, 2024, Case #: 2024-Ohio-1542, Categories: civil Procedure, Education, employment
J. Byrne finds the trial court properly ruled in favor of the city of Austin in an employment case filed by a former Austin police officer, who sued the city in both state and federal court for employment discrimination and retaliation. Because the officer filed his claims in federal court before then filing them in state court, the city showed that the claims are covered by the theory of res judicata and should be dismissed. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 4, 2024, Case #: 03-22-00235-CV, Categories: civil Procedure, employment, Government
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: Arbitration, civil Procedure, employment Discrimination
J. Robinson finds that the trial court improperly granted plaintiff, an on air morning show radio personality, partial final judgment absent an express determination that just reason for delay did not exist. Subsequently, the court did not reach issues raised in plaintiff's appeal from an order granting partial summary judgment in favor of his employer on three of 22 of counts.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: March 26, 2024, Case #: 23-141, Categories: civil Procedure, employment
J. Gibbons finds the lower court properly enforced the subpoena filed by the Equal Employment Opportunity Commission. Although the notice was sent to the employer's legal counsel and uploaded to the EEOC's online portal, the employer had accepted service of previous subpoenas in this fashion and cannot claim it was not properly served. Additionally, the improper reply date on the subpoena was merely a scrivener's error that did not render the entire document defective and allowed the court to enforce the subpoena. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 26, 2024, Case #: 23-1719, Categories: civil Procedure, employment, Discovery
J. Trapp finds the lower court properly dismissed the employee's age and ancestry discrimination claims because they are identical to those dismissed with prejudice by a federal court and, therefore, are barred by res judicata. Additionally, the employee failed to exhaust her administrative remedies with the Ohio Civil Rights Commission prior to filing her state court suit, which would have resulted in a dismissal regardless of the res judicata issue. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: March 25, 2024, Case #: 2024-Ohio-1114, Categories: civil Procedure, employment Discrimination