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Blog About: Mohawk Indus., Inc. v. Carpenter
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Hernandez v. Tanninen
(U.S. 9th Cir., Civil Procedure, Civil Rights, Evidence, Government Law, Labor & Employment Law) In a Title VII racial discrimination action, plaintiff's petition for a writ of mandamus challenging a decision finding that any attorney-client or work product privilege between plaintiff and his prior attorney was waived and ordering the production of all thirty-five documents referenced in a privilege log is granted where: 1) plaintiff only waived privilege with respect to his communications with prior counsel about defendant, as well as counsel's communications and work product relating to counsel's interaction with defendant, and thus the district court clearly erred in finding a blanket waiver of the attorney-client and work product privileges as to the entire case; and 2) the district co...
(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.
Norman v. Union Pac. R.R. Co.
(U.S. 8th Cir., Civil Rights, Health Law, Labor & Employment Law) In an action claiming that defendant terminated plaintiff based on race, gender, and a perceived disability, summary judgment for defendant is affirmed where plaintiff's failure to submit a return-to-work release defeated her claim that her termination resulted from the designation of her disability as a mental illness.
Keler v. Tuesday Morning, Inc.
(Cal. App., Civil Procedure, Class Actions, Labor & Employment Law) Grant of defendant's motion to decertify the class in plaintiffs' suit alleging that the defendant-employer failed to pay overtime wage is affirmed as substantial evidence supports the trial court's conclusion that the individualized issues of liability and damages will predominate over issues common to the class if the overtime claims are tried as a class action.
Nazir v. United Airlines, Inc.
(Cal. App., Civil Procedure, Civil Rights, Evidence, Labor & Employment Law) In plaintiff's race, employment discrimination lawsuit against United Airlines, summary judgment in favor of defendants is reversed as to eight causes of action as they must be decided by the jury. Furthermore, the trial court's order sustaining 763 of 764 of defendant's objections was a manifest abuse of discretion.
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