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Grossly excessive $2.6M compensatory damages award on ADA claim gets Volvo a new trial on USERRA claim

October 21st, 2019

By Kathleen Kapusta, J.D.
No rational jury could have rendered the verdict reached by the jury here, said the court, noting this was not a case where the evidence was sharply in conflict.
Addressing Volvo’s post-trial motions after a jury found in favor of its former employee on her ADA and USERRA claims, awarding her $2.6M in [Read more...]

Nevada waived immunity from FLSA claims by removing suit to federal court

October 18th, 2019

By Lisa Milam, J.D.
In a case of first impression, the appeals court established a clear jurisdictional rule: “removal means waiver” of sovereign immunity as to all federal claims.
The State of Nevada waived sovereign immunity by removing correctional officers’ FLSA claims from state to federal court, the Ninth Circuit held, addressing an issue of first impression [Read more...]

Servers’ messages thanking coworker for criticizing management were protected activity

October 18th, 2019

By Wayne D. Garris Jr., J.D.
In her resignation email, a bartender criticized the restaurant’s owner and general manager; shortly thereafter, several servers were terminated after replying to the email to thank the bartender for speaking up for them.
In an unpublished decision, the Second Circuit denied a restaurant’s petition for review of the NLRB’s decision finding [Read more...]

Black female physician assigned menial tasks advances hostile work environment claim

October 18th, 2019

By WK Editorial Staff
Being made to do menial jobs like taking out the trash and being referred to by her first name (rather than “doctor”) could be objectively and subjectively hostile.
An African-American medical doctor who worked at a university medical center as a clinical research fellow survived her former employer’s motion for summary judgment on [Read more...]

Legal assistant’s overtime claim that was dismissed on judicial estoppel grounds is revived

October 17th, 2019

By Ronald Miller, J.D.
The lower court did not have benefit of the circuit court’s subsequent decision in Slater v. U.S. Steel Corp. when it granted summary judgment to the employer based on a judicial estoppel defense.
A federal district court erred in granting a law firm’s motion for summary judgment against a legal assistant’s overtime and [Read more...]