12 results for 'judge:"Slomsky"'.
J. Slomsky denies a spa’s motion for summary judgment on a licensed massage therapist’s claim that she was fired in retaliation for requesting a cart she could lean on during massages as an accommodation for her injured ankle — and not, as the spa claimed, for getting into a verbal altercation with another spa employee, who she was romantically linked to and who brandished a firearm and threatened her life at work. The therapist has presented a genuine issue of material fact as to whether the spa’s reason for terminating her was pretextual.
Court: USDC Eastern District of Pennsylvania, Judge: Slomsky, Filed On: April 8, 2024, Case #: 2:22cv3212, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Slomsky dismisses a shareholder derivative action claiming a corporation issued false or misleading statements about commitments to diversify its workforce because aspirational diversity statements cited in the proxies did not constitute material misrepresentations. All state law claims should be dismissed since the court declines to exercise supplemental jurisdiction in light of the dismissal of the federal claim. Meanwhile, the shareholder may easily file the remaining claims in state court.
Court: USDC Delaware, Judge: Slomsky, Filed On: November 2, 2023, Case #: 1:21cv169, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fiduciary Duty, Jurisdiction
J. Slomsky declines to dismiss class fair labor standards claims in which safety consultants contend they had not been paid overtime. Under the "Verma" factors, the consultants successfully stated a claim that they were employees protected by overtime wage provisions contained in the act.
Court: USDC Delaware, Judge: Slomsky, Filed On: August 23, 2023, Case #: 1:21cv1460, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Slomsky partially grants a motion to amend claims contending an employee had been fired for complaining that she had not been paid during medical leave for breast cancer, and that she had not been provided back pay. The employee detailed her efforts to find a new job after being fired, and the company failed to prove the employee did not mitigate damages.
Court: USDC New Jersey, Judge: Slomsky , Filed On: August 16, 2023, Case #: 1:19cv19432, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment