191 results for 'nos:"Other Labor Litigation - Labor"'.
J. Morris denies in part summary judgment in an employment dispute between a former warehouse manager and an employer who fired him. The employer says he was fired for violating a policy against retaliation regarding a conversation with another coworker, but the former manager says he was fired for his challenges with mental health. At this stage, there remains a dispute over which version of events holds the most truth.
Court: USDC Montana, Judge: Morris, Filed On: April 24, 2024, Case #: 4:22cv111, NOS: Other Labor Litigation - Labor, Categories: Employment
J. Corley dismisses employment discrimination claims from a former employee of UPS who says she was repeatedly mocked for her age and weight while on duty. One co-worker allegedly taunted her by asking, "Mirror mirror on the wall, whos’ the fattest of them all?” during work. Several procedural problems plague her claims. She did not file her first suit within the limitations period, she did not give UPS proper notice of the suit, and she did not exhaust all of her options outlined in her collective bargaining agreement.
Court: USDC Northern District of California, Judge: Corley, Filed On: April 19, 2024, Case #: 3:23cv5785, NOS: Other Labor Litigation - Labor, Categories: Employment Discrimination
J. Chen allows some disability discrimination claims to proceed against CVS from around a half-dozen CVS health plan participants who say the plans are designed to discriminate against people living with HIV/AIDS. The participants say the company makes it needlessly inconvenient and complicated for them to get their medications and that CVS ignores requests from participants looking to opt-out. At least one of the half-dozen participants has proven that they reached out to CVS to opt-out several times, but were ignored or denied each time. This is enough to show that they were denied benefits under their plan, allowing some of the claims to continue to the next stage.
Court: USDC Northern District of California, Judge: Chen, Filed On: April 18, 2024, Case #: 3:18cv1031, NOS: Other Labor Litigation - Labor, Categories: Health Care, Insurance
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J. McCalla partially grants the parties' motions in limine in this lawsuit brought by a former employee asserting claims for battery, harassment and retaliation. The former employee and other lay witnesses can provide personal observations of her symptoms, but they cannot provide "their own, unsupported diagnoses of specific mental health conditions, or to causation of Plaintiff's symptoms or conditions."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 16, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Evidence, Employment Discrimination, Employment Retaliation
Upon remand, J. Barbier rules on the Fifth Circuit's question of “who, specifically” directed the closing of Louisiana's Bayou Steel plant and the illegal mass layoff of its 300 employees in 2019, without the 60-day notice required by the federal WARN Act. Black Diamond, the company that owned the private equity fund that acquired Bayou Steel, is not liable for closing the plant or terminating its employees without proper notice, merely for its decision to make additional loans to the financially troubled mill. Three directors Black Diamond installed on Bayou Steel’s board of directors apparently made the “ultimate decision” to shutter the plant once it become clear there would be no additional funding. Furthermore, the laid-off workers acknowledged Black Diamond had no legal obligation to continue lending money to the mill.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 15, 2024, Case #: 2:20cv1476, NOS: Other Labor Litigation - Labor, Categories: Employment, Business Practices
J. Nelson grants Acting Secretary of Labor Julie Su's motion that the court take notice that Su filed pending motions against the United States Postal Service, as Su is also accusing USPS of firing an employee after she reported her workplace injury in violation of the Occupational Safety and Health Act. Su filed five other cases against USPS that also relate to allegations that USPS filed its employees under dubious circumstances, such as firing one probationary employee 14 days after they reported an injury.
Court: USDC Oregon, Judge: Nelson, Filed On: April 12, 2024, Case #: 3:21cv1454, NOS: Other Labor Litigation - Labor, Categories: Employment, Labor
J. Crenshaw grants the company defendants' dismissal motion and remands the remaining claims in this employment dispute based on a lack of jurisdiction. The plaintiff, who worked as an account executive under an "at will employment arrangement," failed to file a timely response to the dismissal motion, and the court additionally finds that the claims "fail on the merits."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: April 9, 2024, Case #: 2:24cv8, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction
J. Watters dismisses all employment claims from a former nurse manager who says she was subjected to abuse while working for the Department of Veterans Affairs. This is the second suit the former nurse has brought against the same parties over the same allegations, the first suit of which was dismissed. This suit fails as well, due to the fact that her prior suit bars these claims under the doctrine of claim preclusion.
Court: USDC Montana, Judge: Watters, Filed On: April 3, 2024, Case #: 1:23cv116, NOS: Other Labor Litigation - Labor, Categories: Employment
J. Volk grants the coal miner's post-trial motion to file a retainer agreement under seal, and the order awarding attorneyfees and expenses in the successful class action brought against the two management and three coal companies for violations of the Worker Adjustment and Retraining Notification Act. The companies failed to provide notice to the full-time employees of the Burke Mountain Mine Complex in McDowell County of an impending lay-off of more than 50 employees in October 2019. The court amends its judgment order to include the language "This judgment applies to the 164 miners to whom Rule 23(c)(2) notice was directed, none of whom has requested exclusion, and whom the Court finds to be members of the certified class in this matter" and reflect a total award of $1,738,743, a statutory fee award of $110,992 and $45,593 in expenses, and $15,000 to the miner as class representative service fee, with an order to file an amended notice of class judgment by April 15. Additionally, the court denies the companies' renewed motion for judgment as a matter of law or in the alternative a new trial.
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: March 31, 2024, Case #: 5:20cv165, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action, Labor
J. King remands to the arbitrator the food company's complaint that it did not breach the collective bargaining agreements by trying to vacate the award in the unions' favor or by filing an unfair labor practice charge with the National Labor Relations Board. The arbitrator should handle this dispute, because the food company does not cite any evidence that the arbitrator "cannot account for the back pay tolling issue when specifying the proper 'formulae' for implementing the 'make whole' remedy and conducting the back pay calculation on remand."
Court: USDC Western District of Washington, Judge: King, Filed On: March 30, 2024, Case #: 2:19cv1736, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Evidence, Labor
J. Nunley grants, in part, class certification to a worker on wage and hour claims against a student loan guarantor. The worker has sufficiently supported certification for certain certain class and five subclasses.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 29, 2024, Case #: 2:21cv863 , NOS: Other Labor Litigation - Labor, Categories: Banking / Lending, Class Action, Labor
J. Sessions sustained and overruled, in part, an industrial acquisition and a bakery investment companies’ objection to fees and costs submissions brought by a class of workers’ regarding labor law violations. The attorneys sought higher than normal hourly fees and number of hours typically approved by the court and the fees shall be reduced. The parties’ statements are very vague for the fees and cost but shall submit a more in-depth revised statement within 30 days.
Court: USDC Vermont, Judge: Sessions, Filed On: March 26, 2024, Case #: 2:21cv120, NOS: Other Labor Litigation - Labor, Categories: Sanctions, Attorney Fees, Labor
J. Kelley denies two medical companies’ motion to dismiss a class action brought against them by an employee for alleged unpaid wages and other damages. Defendants required plaintiff to work during meal breaks and failed to pay the employee and others situated similarly a mandatory hour of premium pay per day where he was required to work during a meal break, failed to factor shift differentials into calculations of overtime pay and failed to provide accurate, itemized wage statements.
Court: USDC Massachusetts, Judge: Kelley, Filed On: March 25, 2024, Case #: 1:23cv11585, NOS: Other Labor Litigation - Labor, Categories: Employment, Damages, Class Action
J. Morrison grants the employer's motion for summary judgment, ruling the employee failed to prove any of the reasons given for her termination shortly after she reported patient care concerns were pretextual. The employee told supervisors she did not "want to return to the building" when she lodged her complaints, which could reasonably be interpreted to mean the employee did not want to return to work, while the employee's frequent tardiness and recording of conversations with coworkers also gave the nursing facility a legitimate reason to fire her.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 25, 2024, Case #: 2:23cv291, NOS: Other Labor Litigation - Labor, Categories: Evidence, Health Care, Employment Retaliation