(U.S. 6th Cir., Civil Procedure,
Law, Injury And Tort Law, Labor & Employment Law, Transportation) In a negligence action wherein plaintiff alleged that he was an "employee" of defendant-railway for purposes of the Federal Employers' Liability Act (FELA), summary judgment for defendant is affirmed where: 1) plaintiff was not defendant's employee; 2) the district court did not err in its summary judgment dismissal of plaintiff's 45 U.S.C. section 55 "claim" and in permitting defendant's non-employee defense; and 3) denial of plaintiff's motion to amend was proper as plaintiff failed to state a plausible claim for civil conspiracy under Tennessee law.
(U.S. 7th Cir., Civil Rights, Labor & Employment Law) In plaintiff's age discrimination lawsuit against his former employer, district court's grant of defendant's motion for summary judgment is affirmed as no reasonable jury could find that plaintiff's age was the real reason behind his termination, rather than his performance deficiencies.
Duch v. Jakubek
(U.S. 2d Cir., Civil Rights, Labor & Employment Law) In a sex discrimination action claiming that defendant-supervisor should have prevented the harassment of plaintiff taking place, summary judgment for defendants is affirmed in part where: 1) plaintiff was not deprived of all reasonable avenues of complaint; and 2) defendants could not be liable based on information that plaintiff requested be kept confidential but which was conveyed to a co-worker. However, the order is reversed in part where a reasonable jury could conclude that the employer defendants: 1) knew, or in the exercise of reasonable care, should have known, of the harassment directed at plaintiff; and 2) failed to take appropriate remedial action.
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