Summary Judgment Termination

News & Analysis as of

Frivolous Whistleblower Claim Yields Stiff Sanctions

The New Jersey Appellate Division recently upheld sanctions of more than $191,000 to Sunhillo Corporation (Company) in connection with its defense of claims under the New Jersey Conscientious Employee Protection Act, Fulton...more

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

Worker’s Failure to Perform His Job Duties Satisfactorily Dooms FEHA Retaliation Claim

Manner v. Intevac, Inc., No. H038979 (January 2, 2015): The California Court of Appeal recently upheld a trial court’s granting of summary judgment of a former employee’s claims of retaliation in violation of the Fair...more

In The Eleventh Circut, Employers Can Terminate “Protected” Employees For Poor Performance And Violation Of Company Policy

On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her]...more

Appellate Court Notes - Week of February 17

AC35201, AC35270 - Henderson v. Lagoudis - The “law of the case” doctrine does not preclude a trial court from re-considering subject matter jurisdiction (standing of the plaintiff in this case), even if the plaintiff...more

Second Circuit Emphasizes That Inconsistent Reasons For Employee Termination Can Be Sufficient To Overcome Summary Judgment

Kwan v. The Andalex Group LLC, No. 12-2493 (2d Cir. Dec. 16, 2013): A recent decision by the Second Circuit not only revived a former employee’s retaliation claims but further highlighted the litigation risk when an...more

Proskauer Wins Summary Judgment On Behalf Of Paramount Pictures

On December 16, we obtained summary judgment on behalf of our client, Paramount Pictures Corporation, in a case brought by a former paralegal in the studio’s Business Affairs Administration department. The plaintiff claimed...more

N.D. Ill. Denies Employer Summary Judgment On Retaliation Claim, Stressing Shifting Explanation For Discharge

The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented,...more

Another Pro-Employee Fifth Circuit Decision: Employee’s FMLA Claim Survives Summary Judgment

In another pro-employee decision, like its ruling in the Feist case that I analyzed last week, the Fifth Circuit overturned another district court’s grant of summary judgment that dismissed the plaintiff-employee’s FMLA...more

Employer's Use of Spreadsheet Categorizing Employees by Race Supports Plaintiff's Discrimination Claim

An employer's use of a spreadsheet categorizing employees in part by race doomed its attempt to obtain summary judgment on a former employee's race discrimination claims in the case of Fuller v. Edward B. Stimpson Co., Inc.,...more

Primer on West Virginia State Law Labor and Employment Claims

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

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

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

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

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

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

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