Litigation Archives - Page 2 of 2 - Kollman & Saucier P.A.

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

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...

Kollman & Saucier

12/20/2012

Litigation, Wage & Hour

Three former Rite Aid pharmacists filed a class action suit against the national retain drugstore chain, seeking overtime pay under state and federal laws. The professionals contended that Rite Aid’s unpaid personal leave policy disqualified them from exempt status under the Fair Labor Standards Act (FLSA), and impermissibly reduced their salaries. Maryland’s federal district court granted summary judgment for Rite Aid, finding that the...

Kollman & Saucier

12/18/2012

Litigation, State Law, Workplace Safety

A federal appellate court has ruled that the employer of a woman raped by a co-worker is not liable for negligent hiring when it failed to conduct a background check on the co-worker, even though the employee had prior convictions for sexual crimes. Keen v. Miller Environmental Group, _F. 3d. _ (5th Cir. 12/10/12). The court held that Mississippi law did not impose a generalized duty to conduct background checks, regardless of whether the employer...

Darrell VanDeusen

12/03/2012

Employment Discrimination, Litigation

I love to read Judge Richard Posner’s opinions and agree with most of them. He is probably the most significant non-Supreme Court Justice in the country. But a recent decision of his from the Seventh Circuit leaves me contemplating the potential for abuse by crafty plaintiffs. In Begolli v Home Depot, 2012 U.S. App. LEXIS 24546 (7th Cir. November 29, 2012), the court returned a pro se plaintiff’s case to the district court for a trial on...

Kollman & Saucier

11/21/2012

Employment Discrimination, Litigation, Sexual Harassment

Soon after Thanksgiving, next Monday in fact, the Supreme Court will hear oral argument on a case of immense importance to employers, employees, and the employment law community. In Vance v. Ball State University, the Court will address the question of who is a “supervisor” in the context of harassment cases under Title VII of the Civil Rights Act of 1964. Like the debate at Thanksgiving dinner over whose stuffing is better, there is a circuit...

Kollman & Saucier

11/02/2012

Litigation, Sexual Harassment, State Law

On November 1, 2012, the Supreme Court of Virginia held that a supervisor may be subject to tort liability for wrongful discharge in violation of public policy where the individual participated in the wrongful firing and was the violator of public policy. VanBuren v. Grubb, 120348 (Va. Nov. 1, 2012) (Millette, J.). The Court addressed the issue upon certification from the Fourth Circuit. Angela VanBuren was a nurse at Virginia Highlands Orthopedic...

Darrell VanDeusen

09/26/2012

Employment Discrimination, Litigation

It’s pretty well recognized that a plaintiff needs to file a lawsuit within 90 days of her receipt of a notice of right to sue from the EEOC. The timing requirement applies even if the recipient was not the plaintiff, but the plaintiff’s lawyer, according to the First Circuit. Affirming summary judgment to Fondo del Seguro del Estado, Puerto Rico’s State Insurance Fund, the court held that Advilda Loubriel did not present sufficient...

Kollman & Saucier

07/25/2012

Litigation, Wage & Hour

By Eric Paltell One of the more obscure provisions of the Patient Protection and Affordable Care Act (a/k/a “Obamacare”) amends the Fair Labor Standards Act (“FLSA”) to require employers to provide break time and a private place for employees to express breast milk for nursing children. Although the amendments did not expressly give employees a right to sue employers who do not comply with the law, a recent federal court decision holds...

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

Rite Aid’s Full-Day Unpaid Leave Policy Valid under FLSA

Employer Not Liable for Failing to Do Background Check on Employee Who Raped Coworker

Timeliness of Title VII Action to be Decided by the Jury

Supreme Court to Revisit Faragher/Ellerth Defense to Harassment Claims

Virginia Supreme Court Holds That Supervisors May Be Personally Liable for Wrongful Discharge

90 Day Right to Sue Requirement Runs from Time Lawyer Got Notice, First Circuit Says

New Lactation Law May Provide Basis for Retaliation Claim

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Category: Litigation

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