32 results for 'cat:"Civil Procedure" AND cat:"Employment" AND cat:"Employment Retaliation"'.
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. 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. Oliver denies, in part, the employer's motion to dismiss, ruling the employee's hostile work environment claim is not time-barred. The final act included under that claim - a coworker's invite to the beach so he could take pictures of her - occurred within 300 days of the filing the employee's initial claim. Meanwhile, the alleged repeated propositions for sex made by several employees, none of which were responded to by the employer with disciplinary action, are sufficient to support the employee's hostile work environment claim.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 12, 2024, Case #: 3:22cv882, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Retaliation
J. Welbaum finds the trial court properly dismissed the fire captain's employment case against the city for a failure to prosecute because the nearly 5-year delay between the initial filing and dismissal clearly indicated a lack of compliance with the court's schedule and a complete disregard for procedural standards. Although the captain's attorney cited ongoing medical issues as the root cause of various delays, it was the client's responsibility to obtain new counsel if his current attorney could not adequately represent him, while the court also encouraged the attorney to hire co-counsel - advice that was not followed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 2, 2024, Case #: 2024-Ohio-365, Categories: civil Procedure, employment Retaliation
J. Griffin answers a certified question that prescription is interrupted when another suit that is commenced is sufficient to fully apprise a defendant of the nature of the claim of the plaintiff, and what is demanded of the defendant. Under statute, prescription is interrupted when a defendant knows what legal demands are made on him or her from the description in the petition. In this case, a former Alcohol and Tobacco Control employee claimed that he was fired in retaliation for submitting written complaints describing violations in his state suit before filing a complaint in federal district court asserting substantially similar facts.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: January 26, 2024, Case #: 2023-CQ-00257, Categories: civil Procedure, employment, employment Retaliation
J. Robie finds that the trial court properly denied a county's anti-SLAPP motion, which it filed in an effort to strike a demoted employee's whistleblower retaliation complaint. Though it was error to hold that the county was required to fully cite the parts of the complaint it sought to strike, its demotion of the employee was not protected conduct under anti-SLAPP law. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: January 25, 2024, Case #: C095426, Categories: Anti-slapp, civil Procedure, employment Retaliation
J. Calabrese grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's Family and Medical Leave Act claims are barred against the county, which does not qualify as a public agency under the statute.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: December 15, 2023, Case #: 1:23cv713, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Retaliation
J. England denies, in part, an employer’s motion for partial summary judgment on a law enforcement consultant’s retaliation action. Claim preclusion based on her previously-filed qui tam action does not apply, as her current allegations regarding retaliatory conduct were not raised in the prior case.
Court: USDC Eastern District of California, Judge: England, Filed On: November 21, 2023, Case #: 2:15cv1951, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Retaliation
J. Nugent denies CSX's motion to dismiss, ruling that although the employee litigated an administrative claim through the Federal Railway Safety Act, she did not waive her right to bring this federal lawsuit, which was filed before the final administrative decision and as a result of CSX and its employees' failure to comply with the investigation under the Act.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: November 1, 2023, Case #: 1:23cv1043, NOS: Other Labor Litigation - Labor, Categories: civil Procedure, employment Retaliation
J. Rodriguez finds a lower court ruled correctly by mostly ruling in favor of Austin after an employee accused the city of employment discrimination. The jury found that Austin had indeed taken some retaliatory actions against the employee but awarded him zero damages. The employee argued the jury and the lower court had erred in a number of ways, including when prosecutors referenced “domestic violence allegation details and false news reports” against him during closing arguments, but he did not adequately preserve error, and the jury could have reasonably concluded that he “did suffer mental anguish but [that] it stemmed from other circumstances in his life unconnected to his work environment.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 6, 2023, Case #: 08-23-00041-CV, Categories: civil Procedure, Jury, employment Retaliation
J. Biggs denies, in part, the Secretary of the Department of Veterans Affairs' motion to dismiss a former worker's disability discrimination and retaliation claims. The government fails to cite any rule of procedure it relies upon in its motion to dismiss.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: August 7, 2023, Case #: 1:22CV317, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Procedure, employment Discrimination, employment Retaliation
J. Smith finds that the lower court properly granted summary judgment in favor of the school district in this lawsuit asserting a retaliation claim under the Texas Whistleblower Act. The school district sufficiently established its affirmative defense, arguing that the former employee "would have been, and was, terminated for substantiated misconduct." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 21, 2023, Case #: 05-22-00384-CV, Categories: civil Procedure, Whistleblowers, employment Retaliation
J. Waples finds the trial court properly granted summary judgment in an employment discrimination and retaliation suit brought by an African American employee after their termination. The employee did not give enough evidence to create a genuine issue of fact as to any of their claims. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: June 2, 2023, Case #: 22-AP-197, Categories: civil Procedure, employment Retaliation