http://www.morelaw.com Age Discrimination Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-cv-02075&s=PA&d=41970 Roman Wypart and Bonnie Marcus sued PQ Corp. on age discrimination violation theories under 42 U.S.C. 2000e. They claimed that Defendant, a chemical manufacturing firm, targeted only older workers in layoffs in 2005 and fired them because of their ages. The claimed that Colleen Del Monte, a PQ manager, said that the company needed to "get rid of of some of these old farts." They also claimed th Thu, 12 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=&d=41847 Antonia Susel, age 59, sued Dix & Eaton on a wrongful termination theory claiming that she was fired because of his age by the Cleveland, Ohio public relations firm employer in 2007. She also claimed that she was fired for complaining that she was subject to age discrimination at her job.Defendant denied wrongdoing. Sat, 31 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3320&s=KS&d=41853 Felix Lara appeals the district courts rulings in favor of his former employer, Unified School District #501 (USD). The district court dismissed his state workers compensation claim and one of his claims under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. It then granted summary judgment in favor of USD on Laras claims under the ADA, Family and Medical Thu, 22 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1105%20and%2009-1206&s=PA&d=41627 In a complaint dated May 1, 2008, plaintiff Emad Elkadrawy, an American citizen of Egyptian origin and a Muslim, alleged that his former employer, The Vanguard Group, Inc. (Vanguard), discriminated against him on account of his race, religion, and national origin in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., and his age under the Age Dis Sat, 10 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A121651&s=CA&d=41647 Our Supreme Court has said that the purpose of the 1992 and 1993 amendments to the California summary judgment statute was to liberalize the granting of motions for summary judgment. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) It is no longer called a disfavored remedy. It has been described as having a salutary effect, ridding the system, on an expeditious and effi Fri, 9 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-3071&s=KS&d=41590 Madeline Ewing, appearing pro se,1 appeals from the district courts grant of summary judgment dismissing her wrongful termination claims against TWA Restaurant Group, Inc. (TWA). Because Ewing presents no issues or argument in her appellate brief, we dismiss her appeal.I. BACKGROUNDTWA is a corporation that manages Captain Ds restaurants in the Kansas City area. On August 28, 2006, Tyron Wed, 7 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=MA&d=41551 James F. Howell sued the Town of Abington and Town Commissioners Mark Jamieson, Janice McCarthy and E. Thomas Rogers on age discrimination, intentional infliction of emotional distress, breach of contract and wrongful termination theories. Howell was the Sewer Department Superintendent from 1998 to 2005 and was paid $64,000 per year by the Town. Defendants denied wrongdoing. Defendants also claim Tue, 6 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%2043&s=NV&d=41594 In these consolidated appeals, we consider two issues. First, we are asked to recognize a new exception to the at-will employment doctrine and to allow a claim for tortious discharge related to an employees termination for attempting to organize his fellow employees. Because we conclude that the appellant had an available statutory remedy, we decline to recognize this claim for tortious dis Thu, 1 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3799&s=OH&d=41556 Thomas Gaffney appeals the district courts grant of summary judgment in favor of the United States Postal Service (USPS) on Gaffneys claims of age and race discrimination. We affirm.I.USPS hired Gaffney as a mail carrier on a probationary basis on October 16, 2004. Gaffney is white, and was then 58 years old. USPSs agreement with the National Association of Letter Carriers gives it th Wed, 30 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2073&s=OK&d=41468 1 The issue presented is whether the Court of Civil Appeals (COCA) erred when it affirmed the trial court's summary adjudication that denied the Oklahoma Firefighters Pension and Retirement System's request that the City of Spencer be ordered to terminate the employment of its recently-hired fire chief who was simultaneously declared to be ineligible for membership in the pension system. We answ Tue, 29 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-P-1421&s=MA&d=41524 The question presented in this appeal is whether a claim under the Massachusetts Wage Act, G.L. c. 149, 148 et seq. (Wage Act), is subject to a mandatory arbitration provision in the parties' individually negotiated employment agreement. We conclude that it is and reverse the order denying the defendants' motion to dismiss and to compel arbitration.Background. Plaintiff Wendy Dixon, a dentist Mon, 28 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-P-1421&s=MA&d=41457 The question presented in this appeal is whether a claim under the Massachusetts Wage Act, G.L. c. 149, 148 et seq. (Wage Act), is subject to a mandatory arbitration provision in the parties' individually negotiated employment agreement. We conclude that it is and reverse the order denying the defendants' motion to dismiss and to compel arbitration.Background. Plaintiff Wendy Dixon, a dentist Mon, 28 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20VT%2090&s=VT&d=41454 Plaintiff appeals from a superior court order granting summary judgment to defendant Michael Cline on plaintiffs claims that he is not personally liable to her for acts of discrimination and retaliation under the Vermont Fair Employment Practices Act (VFEPA) and the Workers Compensation Act (WCA). The central issues on appeal are whether the acts provide a right of action against a coemploy Fri, 25 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=13-09-00185-CV&s=TX&d=41368 Appellant, Donna Independent School District ("Donna ISD"), files this interlocutory appeal challenging the trial court's denial of its plea to the jurisdiction in a suit filed by appellee, Maria Concepcion Rodriguez. By a single issue, Donna ISD contends that the trial court lacks subject-matter jurisdiction because Rodriguez failed to exhaust her administrative remedies. We affirm the trial cou Mon, 21 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1036&s=MO&d=41321 Kathy Baker was terminated from her position as director of an assisted living center operated by Silver Oak Senior Living Management Company, L.C., and Equi- Management Services, Ltd. (collectively, Silver Oak). She alleges that she was terminated because of her age and because she opposed age discrimination, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Mon, 14 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2713&s=PA&d=41292 Appellant Kimberly Brown appeals the District Courts grant of summary judgment in favor of appellee J. Kaz, Inc., d/b/a Craftmatic of Pittsburgh (Craftmatic), on her employment discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., the Civil Rights Act of 1866, 42 U.S.C. 1981, and the Pennsylvania Human Relations Act (PHRA), 43 Pa. Co Fri, 11 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1314&s=MI&d=41289 Raymond Geiger appeals the grant of summary judgment to Tower Automotive (Tower) on his employment discrimination claims pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 623(a) and Michigans Elliott-Larsen Civil Rights Act (ELCRA), Mich. Comp. Laws 37.2202 et seq. The United States District Court for the Eastern District of Michigan found that Gei Wed, 9 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=3D07-1742&s=FL&d=41124 Gelsa A. Valenzuela appeals the entry of final summary judgment in favor of GlobeGround North America, LLC (GlobeGround). Because we conclude that Valenzuela failed to establish a prima facie case of gender discrimination and further failed to present evidence that GlobeGrounds legitimate, nondiscriminatory reasons for terminating her employment were pretextual, we affirm the entry of sum Mon, 31 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SJC-10347&s=MA&d=41168 The plaintiff, Robert Somers, twice applied for full-time employment with Converged Access, Inc. (CAI), but neither application resulted in a job offer. He later agreed to work for CAI on a temporary basis as an "independent contractor." After CAI terminated his contract and did not respond to his third application seeking permanent employment, the plaintiff filed suit in the Superior Court agains Fri, 21 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-16597&s=CA&d=40989 This case presents our first opportunity to examine the substantive requirements necessary to establish a claim under the whistleblower-protection provisions of the Sarbanes-Oxley Act, 18 U.S.C. 1514A. Plaintiffs Shawn and Lena Van Asdale appeal from the district courts summary judgment in favor of their former employer, International Game Technology (IGT), on their claim of retaliator Thu, 13 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009-Ohio-3763&s=OH&d=40945 { 1} Defendants, Gary Sheaffer and Jason Sutton, appeal from orders denying their motions for summary judgment and granting partial summary judgment for Plaintiff, Hidy Motors, Inc. (Hidy), on Sheaffer and Suttons counterclaims arising from their former employment by Hidy.{ 2} Hidy is an automobile dealership. Hidy hired Sheaffer to work as a car salesman in November of 2005. At that Mon, 10 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-4553;%2008-3184&s=OH&d=40928 These appeals involve two related cases in which former employees of two McDonald's franchises allege that their employer refused to pay the employees the wages that they were due, in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. 216(b); the corresponding Ohio statute; and other Ohio law. For the reasons that follow, in the Dellarussiani appeal, we affirm the district court Wed, 5 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SJC-10375&s=MA&d=40750 The plaintiff, Carol A. Warfield, the former chief of anesthesiology at Beth Israel Deaconess Medical Center, Inc. (BIDMC), filed this action in the Superior Court against her employers, alleging gender-based discrimination and retaliation in violation of G.L. c. 151B, and factually related common-law claims. The BIDMC and the other defendants moved to dismiss Warfield's complaint and compel arbit Mon, 27 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-6023&s=OK&d=40594 Renee Nettle, a former employee of the Oklahoma City Indian Clinic (the Clinic), alleges that she was repeatedly harassed at work and fired when she complained about it. She filed a civil rights suit against the Clinic. The Clinic was granted summary judgment on all claims. Ms. Nettle appeals, and we affirm the judgment of the district court.I. FactsMs. Nettle is a one-half Caucasian and Wed, 1 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=C058539&s=CA&d=40564 This is a wrongful termination action. Plaintiff Jennifer Scott was employed by defendant Phoenix Schools, Inc. (Phoenix) as the director of its Rocklin, California preschool. She had the responsibility of assigning personnel to comply with the state regulations that set the minimum teacher-student ratios for child care centers. (Cal. Code Regs., tit. 22, 101216.3, 101416.5, and 101516.5.) Ph Wed, 1 Jul 2009 00:00:00 CST