Summary Judgment, Hiring & Firing

Primer on West Virginia State Law Labor and Employment Claims

by Peter Rich | Spilman Thomas & Battle, PLLC on 3/1/2013

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

by Charlotte Wolfe | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Legal Alert: Deaf Lifeguard's Disability Claims Against Oakland County Go To Jury

by Roshni Chaudhari | FordHarrison on 1/18/2013

The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of...more

Assignment to a Lesser Position Upon Return From Leave May Support FMLA Interference Claim

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/3/2013

The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more

Employee’s Signs of Severe Emotional Distress and Anxiety May Constitute a “Report” of the Need for FMLA Leave

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/20/2012

To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that his or her employer denied benefits to which the employee was entitled under the FMLA. For example, an employee might...more

Court Of Appeal Relies On “Motivating Factor” As Standard Of Causation In FEHA Case

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/14/2012

Alamo v. Practice Management Information Corp., No. B230909 (Cal. App. 2d, Sept. 24, 2012): In Alamo, a former employee who was fired upon her return from maternity leave brought a lawsuit for pregnancy discrimination in...more

Summary Judgment Lives For Employers Seeking Dismissal Of New York City Human Rights Law Claims

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/27/2012

Melman v. Montefiore Medical Center, 946 N.Y.S.2d 27 (1st Dep’t May 29, 2012): The New York Appellate Division, First Department recently held that plaintiffs bringing discrimination claims under the New York City Human...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Summary Judgment › Hiring & Firing