296 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
J. Helmick denies, in part, the employee's motion to amend his complaint, ruling his failure to identify any non-disabled individuals as comparators regarding treatment when they requested medical leave prevents him from establishing any plausible discrimination claims. However, the one month gap between the employee's submission of medical documentation to support extended medical leave and his termination is sufficient to establish a plausible retaliation claim, which will, therefore, be added to the complaint.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: May 28, 2024, Case #: 3:20cv2764, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment Discrimination
J. Stranch finds the lower court properly required the employee to bifurcate her trial on liability and damages. Her failure to provide discovery documents and refusal to be deposed in the years leading up to the trial constituted a failure to prosecute that would have prejudiced FedEx if both issues were tried to the jury simultaneously. Meanwhile, the jury instructions, which split the ultimate question of whether the employee was the victim of intentional discrimination into two parts, did not prejudice the employee because the jury was not confused and did not struggle with any of the instructions when they reached a verdict. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: May 22, 2024, Case #: 23-5466, Categories: civil Procedure, Jury, employment Discrimination
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J. Oxley finds that a police officer's petition seeking judicial review of the city's refusal to reinstate him was improperly denied after he resigned and attempted to rescind his resignation because the officer complied with requirements for filing a notice of appeal under Iowa Code 400.27.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: May 17, 2024, Case #: 22-1619, Categories: civil Procedure, employment
Per curiam, the circuit finds that the district court improperly found for an employer in race-based employment discrimination claims because pro se plaintiff did not receive discovery information or information about how to request such, and she was not informed how to defeat a summary judgment motion.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 17, 2024, Case #: 23-197, Categories: civil Procedure, employment Discrimination
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. McShan finds that the lower court properly vacated default judgment entered against a tanning salon employee accused of posting defamatory statements on social media after she was terminated by the new owner of the tanning salon chain. A death in the employee's family constituted a reasonable excuse for her failure to appear, and evidence supported a meritorious defense of substantial truth. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 16, 2024, Case #: CV-22-2050, Categories: civil Procedure, employment, Defamation
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
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