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Professor can’t show her protected complaints were tied to dean’s disapproval

March 21st, 2017

By Joy P. Waltemath, J.D.
Affirming summary judgment for the Board of Regents, the Seventh Circuit found that a professor’s retaliation claims under Title IX failed for lack of a materially adverse action and her Title VII claims failed for lack of causation. As to the professor’s Title IX claim, her reporting of an allegedly harassing [Read more...]

$27M Lyft misclassification settlement gets final approval

March 21st, 2017

By Lorene D. Park, J.D.
After rejecting various objections to a proposed $27 million settlement in a misclassification suit by Lyft drivers, and finding it acceptable for FLSA claims to be released in a Rule 23 class action filed under state law, a federal district court in California granted final approval. Class counsel will receive $3,654,116 [Read more...]

Verdict denying sex harassment claim did not preclude jury finding intentional infliction of emotional distress

March 21st, 2017

By Matt Pavich, J.D.
A jury’s finding that a sheriff did not discriminate on the basis of sex against one of his deputies did not render incorrect the same jury’s verdict that the sheriff was liable for intentional infliction of emotional distress, the Fifth Circuit Court of Appeals has ruled. The appellate court remanded the case [Read more...]

First-to-file rule doesn’t apply to False Claims Act reprisal claims

March 21st, 2017

By Lisa Milam-Perez, J.D.
Undertaking what seemed a line-by-line comparison of the factual allegations set forth in two False Claims Act complaints against a nursing home operator, the Fourth Circuit concluded they were materially similar, and thus, found the district court properly dismissed the latter of the two under the first-to-file rule. But the lower court [Read more...]

Postal worker can’t sue on individual Rehab Act claim until administrative class suit exhausted

March 20th, 2017

By Lorene D. Park, J.D.
Under EEOC regulations, because a postal worker’s Rehab Act claims were subsumed in an administrative class action challenging a national job assessment process for those with work-related-disabilities, the employee had not exhausted her remedies as to her individual claim and the Fifth Circuit affirmed its dismissal. She argued that her claim [Read more...]