ADEA Law
 
Brenda Hubbard v. Oral and Maxillofacial Associates, LLC





and Maxillofacial Associates, LLC (OMA). We affirm.
I
OMA is a surgical practice owned by physicians who exercise joint control
over its business matters. OMA operates out of four offices, and it hired Hubbard
* After examining the briefs and appella... More...
   $0 (09-11-2019 - OK)

Glenda W. Westmoreland v. TWC Administration, LLC, d/b/a Time Warner Cable


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After TWC Administration, LLC, d/b/a Time Warner Cable (“TWC”), fired Glenda Westmoreland, she filed this act... More...
   $0 (05-22-2019 - NC)

Patrick Barber v. The California State Personnel Board, Department of Corrections and Rehabilitation, Real Party in Interest

This is plaintiff and appellant Patrick Barber’s second appeal in this case and
raises an issue of first impression.
Upon remand from Barber’s first appeal (Barber I),
defendant and respondent, the California State Personnel Board (SPB), awarded Barber a
lump sum back pay award, which resulted in Barber incurring increased income tax
liability. SPB denied Barber’s motion for r... More...
   $0 (05-18-2019 - CA)

DeWitt Lambert v. Tesla, Inc., d/b/a Tesla Motors, Inc.





Plaintiff-Appellant DeWitt Lambert filed suit against Defendant-Appellee Tesla, Inc. (Tesla), alleging violations of 42 U.S.C. § 1981. Tesla moved to compel arbitration, and the district court granted the motion. Lambert appealed, arguing that § 1981 claims cannot be subjected to com... More...
   $0 (05-17-2019 - CA)

Anthony Hildebrand v. Allegheny County





In 2013, Anthony Hildebrand sued his former employer for age discrimination in the United States District Court for the Western District of Pennsylvania. When jurisdiction was returned to the District Court in 2015 after an appe... More...
   $0 (04-24-2019 - PA)

Richard Natofsky v. The City of New York




Plaintiff Richard Natofsky appeals from a judgment of the United
States District Court for the Southern District of New York granting summary
judgment to Defendants (Buchwald, J.). Natofsky served as the Director of
Budget and Human Resources at the New York C... More...
   $0 (04-18-2019 - NY)

Blair Davis-Carett v. Urban Outfitters, Inc.; Anthropologie, Inc.





Appeal from a judgment of the United States District Court for the
Southern District of New York, Thomas P. Griesa, Judge, dismissing plaintiff's claims
of retaliation and hostile-work-environment discrimination, in violation of the Age
Discrimination in ... More...
   $0 (04-08-2019 - NY)

Jacqueline Lewis v. City of Union City, Georgia





Faced with a defendant’s motion for summary judgment, a plaintiff asserting an intentional-discrimination claim under Title VII of the Civil Rights Act of 1964, the Equal Protection Clause, or 42 U.S.C. § 1981 must make ... More...
   $0 (03-21-2019 - GA)

National Association of African American-Owned Media v. Charter Communications, Inc.





Plaintiff-Appellee Entertainment Studios Networks, Inc. (Entertainment Studios), an African American-owned operator of television networks, sought to secure a carriage contract from Defendant-Appellant Charter Communications, Inc. ... More...
   $0 (02-04-2019 - CA)

Dale E. Kleber v. CareFusion Corporation




After Dale Kleber unsuccessfully
applied for a job at CareFusion Corporation, he sued for age
discrimination on a theory of disparate impact liability. The
district court dismissed his claim, concluding that § 4... More...
   $0 (01-23-2019 - IL)

Lisa A. January v. Texas Department of Criminal Justice

Lisa A. January filed suit alleging the Texas Department of Criminal Justice (“TDCJ”) discriminated against her based on race, sex, age, and disability, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), the Age Discrimination in Employment Act (“ADEA”), and the Americans with Disabilities Act (“ADA”). She also claims TDCJ retaliated against her for filing
* Pursuant to 5... More...
   $0 (01-23-2019 - TX)

R. Alexander Acosta v. Melissa W. Cook; Melissa W. Cook & Associates, P.C. and Scott Brian





Defendant-Appellant Scott Brain, a former trustee of the Cement Masons Southern California Trust Funds (the Trust Funds), and Defendants-Appellants Melissa Cook and Melissa W. Cook & Associates, PC (collectively, the Cook Defendants), former counsel to the Trust Funds, a... More...
   $0 (12-09-2018 - CA)

National Association of African American-Owened Media v. Charter Communications, Inc.

Plaintiff-Appellee Entertainment Studios Networks, Inc. (Entertainment Studios), an African American-owned operator of television networks, sought to secure a carriage contract from Defendant-Appellant Charter Communications, Inc. (Charter). These efforts were unsuccessful, and Entertainment Studios, along with Plaintiff-Appellee National Association of African American-Owned Media (NAAAOM, and to... More...   $0 (11-29-2018 - CA)

Regina Thomas v. Southern Farm Bureau Life Insurance Company

Plaintiffs appeal an order denying attorney’s fees and costs under 28 U.S.C. § 1447(c). Because the district court did not abuse its discretion, we affirm.
Case: 18-60400 Document: 00514719491 Page: 1 Date Filed: 11/12/2018
No. 18-60400
2
I.
Regina Thomas and Pam Pilgrim sued in state court, challenging their terminations by Southern Farm Bureau Life Insurance Company (“the com... More...
   $0 (11-16-2018 - MS)

Victor Guerrero v. California Department of Corrections and Rehabilitation

Victor Guerrero, a Mexican immigrant and aspiring California correctional officer,
filed a federal action alleging discriminatory failure-to-hire against the California
Department of Corrections and Rehabilitation (the CDCR), among other defendants. He
pled federal and state law claims, but only his state claims allowed him to seek general
damages.
The federal court dismissed G... More...
   $0 (11-08-2018 - CA)

Linda L. Faulkner v. Douglas County Nebraska




Linda Faulkner appeals the district court's grant of summary judgment in favor
of Douglas County Department of Corrections (DCDC) in this employment dispute
based upon allegations of gender, age, and, most significantly, disability
discrimination ... More...
   $0 (10-28-2018 - NE)

Linda L. Faulkner v. Douglas County Nebraska

Linda Faulkner appeals the district court's 1 grant of summary judgment in favor
of Douglas County Department of Corrections (DCDC) in this employment dispute
based upon allegations of gender, age, and, most significantly, disability
1The Honorable Laurie Smith Camp, Chief Judge, United States District Court
for the District of Nebraska.
discrimination under state and federal c... More...
   $0 (10-12-2018 - NE)

Jena McClellan v. Midwest Machining, Inc. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Plaintiff Jena McClellan brought suit against her former employer to enforce her rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), and the Equal Pay Act, 29 U.S.C. § 206(d). The district court granted summary judgment for Defendant on the grounds that Plaintiff’s federal claims were barred by the... More...   $0 (08-25-2018 - MI)

Timothy O'Brien, et al. v. Caterpillar, Inc. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

For more than half a century, Caterpillar Inc. paid unemployment benefits to laid-off em-ployees at its manufacturing plant in Joliet, Illinois. This ar-rangement lasted until Caterpillar and the local union agreed to end the program in their 2012 collective-bargaining agree-ment. In exchange for the elimination of the benefits, Cater-pillar distributed $7.8 million to certain employees who had pa... More...   $0 (08-20-2018 - IL)

Jonathan Gaffers v. Kelly Services, Inc. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

The Supreme Court recently held that the National Labor Relations Act does not invalidate individual arbitration agreements. Epic Systems Corp. v.
>
No. 16-2210 Gaffers v. Kelly Servs., Inc. Page 2
Lewis, 138 S. Ct. 1612, 1632 (2018). That holding answers half of this case. The other half, in which the plaintiffs seek to carve out a separate destiny for the Fair Labor Standards Act, me... More...
   $0 (08-16-2018 - MI)

Dale E. Kleber v. CareFusion Corporation Northern District of Illinois Courthouse - Chicago, Illinois

The key provision of the Age
Discrimination in Employment Act of 1967 prohibits
employment practices that discriminate intentionally against
older workers, and prohibits employment practices that have
2 No. 17‐1206
a disparate impact on older workers. 29 U.S.C. § 623(a)(1),
(a)(2); Smith v. City of Jackson, 544 U.S. 228 (2005). The central
issue in this appeal is ... More...
   $0 (04-27-2018 - IL)

James P.Teufel v. The Northern Trust Company, et al. Northern District of Illinois Courthouse - Chicago, Illinois

In 2012 Northern Trust
changed its pension plan. Until then it had a defined-benefit
plan under which retirement income depended on years
worked, times an average of each employee’s five highestearning
consecutive years, times a constant. Example: 30
years worked, times an average high-five salary of $50,000,
times 0.018, produces a pension of $27,000. (We ignore sev2
N... More...
   $0 (04-11-2018 - IL)

Elliot Yard v. Scott J. Israel

Appellant sued the Broward County Sheriff for disability and age discrimination after he was demoted from his position as a child protective investigator with the Sheriff’s office. The trial court granted summary judgment in favor of the sheriff on both claims. We affirm the judgment in its entirety.
As to the disability discrimination claim, the trial court correctly disposed of this based up... More...
   $0 (04-04-2018 - OK)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

Kim Mikkelsen v. Public Utility District No. 1 of Kittitas County Washington Supreme Court Building

The Public Utility District No. 1 of Kittitas County
(district) fired Kim Mikkelsen after 27 years of service. Mikkelsen sued the district,
alleging that, among other things, her dismissal violated the Washington Law Against
Discrimination (WLAD), RCW 49.60.180. Specifically, Mikkelsen claims that
Charles Ward, the general manager, exhibited a bias against women and older
emplo... More...
   $0 (10-19-2017 - WA)

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