Litigation Archives - Kollman & Saucier P.A.

“Gotcha Moment” Backfires on Lawyer

Darrell VanDeusen

03/10/2021

I watched Perry Mason (played by Raymond Burr from 1957 to 1966) as a kid. More about why that’s relevant in a bit. If you have watched any TV courtroom drama – Matlock (played by Andy Griffith from 1986-1995) works if you were too young to watch Perry Mason – you know the drill: the defense attorney represents falsely accused people and he manages to prove that by drawing out the real criminal on the witness stand, usually...

Kollman & Saucier

12/09/2019

Employment Discrimination, Litigation

The Fourth Circuit recently upheld a decision denying relief to a deceased KFC employee whose lawsuit was filed two days after his death. House v. Mitra QSR KNE LLC, No. 18-1779 (4th Cir. 12/3/19) (unpublished). House worked as a General Manager for KFC in Baltimore when he told his supervisor he suffered from alcoholism and was seeking treatment in a rehab program. When he returned from rehab, he discovered he had been fired. He...

Kollman & Saucier

10/28/2019

Litigation

People sometimes gripe about having to show up for jury duty. But as an employer, in many states at least, firing an employee for refusing to lie to get out of his jury duty is not the way to go about handling it, as demonstrated by a recent case out of the Fifth Circuit. Simmons v. Pacific Bells, L.L.C., No. 19-60001 (5th Cir. 9/27/19) (unpublished). Simmons worked for Taco Bell in Mississippi as a manager along with the restaurant’s...

Darrell VanDeusen

11/14/2018

Employer Liability, Hostile Work Environment, Litigation, Race Discrimination

Over my career, I have dealt with my share of “you can’t make this up” situations. The kind where outrageously offensive or harassing workplace behavior has occurred, and the employer needs to – and wants to – figure out who did it and take steps to stop it from happening again. Indeed, that’s one of the benefits of representing management: you can have the chance to assist in helping change culture (even if that “culture” appears...

Darrell VanDeusen

04/19/2016

Litigation

This is a law-related blog, honest. But first a story. When I was in ninth grade our English teacher asked each student to pick a song where the lyrics REALLY meant something to us, and recite those lyrics in front of the class. Coming from a home where my mother often listened to Broadway musicals, I picked You’ll Never Walk Alone from Rodgers & Hammerstein’s Carousel. I had the great misfortune to be picked to recite those lyrics...

Kollman & Saucier

03/16/2016

Litigation

Most lawyers are familiar with the concepts of res judicata and collateral estoppel. While infrequently litigated (due, in part, to the significant costs of taking many business cases through trial), occasions do arise where litigants sometimes try their hand in a second forum. This may be done because the litigants feel that another forum may be more advantageous, additional discovery would be available, or for a host of other reasons. ...

Kollman & Saucier

01/21/2014

Litigation

As any employer who has been through a federal court lawsuit can attest, litigation costs make the defense of employment lawsuits a costly proposition. In many cases, the costs of defense are greater than the potential recovery if the employee wins the case. Perhaps the biggest driver of litigation costs is what has become known as "electronic discovery" or "e-discovery." This is the process of preserving, reviewing, and disclosing emails...

Kollman & Saucier

01/15/2014

Employment Discrimination, Litigation

Baiting your supervisor to make racially offensive comments while secretly recording the conversation might seem like a great way to score a big settlement out of your employer. However, that strategy can prove to be something of a double-edged sword -- at least in the eyes of the United States District Court for the Southern District of New York. Johnson v. STRIVE E. Harlem Emp’t Grp., No. 1:12-cv-04460 (S.D.N.Y. Jan. 2, 2014). Rob...

Kollman & Saucier

03/20/2013

Employment Discrimination, Litigation, Sexual Harassment

Under Title VII, an employee suing for discrimination or retaliation must first file an administrative charge of discrimination with the EEOC or a state or local fair employment practices agency. The purpose of this requirement is to ensure that the employer is put on notice of the allegations, and that the administrative agency is given a chance to investigate, before an employee pursues the case in court. Because of this requirement, one issue...

Kollman & Saucier

02/11/2013

Disability & Leave, Litigation, Public Sector Employment Law

A federal court in Maryland dismissed a disability discrimination lawsuit filed by a police officer trainee who needed more than 17 minutes to run a mile and a half. LaPier v. Prince Georges County, No. 8:10-cv-02851 (2/7/13). Rejecting the officer’s requests for a permanent light duty assignment or modification of the police department’s fitness standards, the Court held that it was not unreasonable to require police officers to be able to...

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“Gotcha Moment” Backfires on Lawyer

Deceased Employee Lacks Standing to Sue for Discrimination

Firing Employee for Refusal to Get Out of Jury Duty Gives Rise to Wrongful Discharge Clam

When is Enough Harassment Investigation Enough?

Ooh, It Makes Me Wonder… It Really Makes Me Wonder.

State Court Loss Bars Federal Court Claims

Federal Courts Considering Revisions to Electronic Discovery Rules

Recording Supervisor's Racially Offensive Remarks Leads to Reduced Jury Verdict

Fourth Circuit Limits Scope of EEOC Charge

Maryland Court Dismisses ADAAA Claim Brought By Cop Who Can’t Run Fast

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Category: Litigation

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