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U.S. 1st Circuit Court of Appeals

Adorno v. Crowley Towing and Transp. Co. (04/04/06 - No. 05-1839)

Denial of plaintiffs' motions to amend and for further discovery is affirmed in a suit alleging the violation of a collective bargaining agreement where the additional plaintiffs included in the amended complaint were time-barred, and where plaintiffs did not show how additional discovery would influence the outcome of a motion for summary judgment.

http://laws.lp.findlaw.com/1st/051839.html

Cardona-Martinez v. Rodriguez-Quinones (04/06/06 - No. 04-1494)

Judgment as a matter of law for defendants in a political discrimination action under 42 U.S.C. 1983 is affirmed where the plaintiffs could not prove unlawful political discrimination because the positions from which they were removed were political positions.

http://laws.lp.findlaw.com/1st/041494.html

Cruz-Gomez v. Rivera-Hernanez (04/07/06 - No. 05-1864)

Defendant's interlocutory appeal in a political discrimination case under 42 U.S.C. 1983 is dismissed for lack of appellate jurisdiction where orders of the district court denying pretrial motions for summary judgment typically are not appealable at the time they are entered, and where the trial court found an issue of material fact concerning qualified immunity.

http://laws.lp.findlaw.com/1st/051864.html

U.S. 2nd Circuit Court of Appeals

Cioffi v. Averill Park Bd. of Ed. (04/04/06 - No. 04-5593)

Grant of summary judgment in favor of school district, school board, and municipal defendants is reversed because plaintiff athletic director has shown sufficient factual issues regarding whether defendants abolished his position in retaliation for protected speech he made regarding a high school football hazing incident.

http://caselaw.lp.findlaw.com/data2/circs/2nd/045593p.pdf

U.S. 6th Circuit Court of Appeals

Nair v. Oakland County Cmty. Mental Health Auth. (04/04/06 - No. 05-1177)

Under circumstances where defendants raise sovereign immunity as an "alternative" ground for rejection of claims and under any circumstances in which a state (or the U.S.) declines to raise sovereign immunity as a threshold defense, federal courts have discretion to address the sovereign immunity defense and the merits in whichever order they prefer.

http://caselaw.lp.findlaw.com/data2/circs/6th/051177p.pdf

OPW Fueling Components v. Nat'l Labor Relations Bd. (04/06/06 - No. 04-2563, 05-1083)

Petition for review of an order of the National Labor Relations Board determining that petitioner-employer's discharge of a former employee was in violation of the National Labor Relations Act is affirmed where: 1) the employee's conduct was a "protected activity" under the Act; 2) petitioner terminated him on the basis of an improper motivation; and 3) union was threatened by petitioner during a meeting.

http://caselaw.lp.findlaw.com/data2/circs/6th/042563p.pdf

Edgar v. JAC Prods., Inc. (04/06/06 - No. 05-1193)

Summary judgment for defendant-employer in an action alleging violation of the Family Medical Leave Act (FMLA) is affirmed where the district court properly concluded that plaintiff was not entitled to relief under the FMLA because she was unable to return to work after a 12-week period of statutory leave had ended.

http://caselaw.lp.findlaw.com/data2/circs/6th/051193p.pdf

U.S. 7th Circuit Court of Appeals

Mlynczak v. Bodman (04/04/06 - No. 04-3238)

Summary judgment for defendant in a race and gender discrimination and retaliation case involving the Department of Energy is affirmed where the plaintiffs did not present evidence that would convince a trier of fact that they had suffered discrimination or an adverse reaction to a protected activity.

http://caselaw.lp.findlaw.com/data2/circs/7th/043238p.pdf

Tomic v. Catholic Diocese of Peoria (04/04/06 - No. 04-4219)

Dismissal of an age discrimination case because of the rule against federal jurisdiction over internal affairs of religious associations is affirmed where plaintiff's position involved a significant religious dimension and where the Diocese's statement that it was an equal opportunity employer did not affect the jurisdictional analysis.

http://caselaw.lp.findlaw.com/data2/circs/7th/044219p.pdf

Velez v. City of Chicago (04/04/06 - No. 05-3298)

Summary judgment for defendant, a municipal organization, in a suit based on a hostile work environment and national origin employment discrimination is affirmed where plaintiffs offered insufficient evidence that the city had knowledge of the hostile environment or discriminated against them either directly or indirectly.

http://caselaw.lp.findlaw.com/data2/circs/7th/053298p.pdf

TIG Ins. Co. v. Giffin Winning Cohen & Bodewes, P.C. (04/07/06 - No. 05-2203)

Summary judgment for defendant in a malpractice suit against a law firm is affirmed where it was clear as a matter of law that the injury suffered by plaintiffs was not reasonably foreseeable.

http://caselaw.lp.findlaw.com/data2/circs/7th/052203p.pdf

U.S. 8th Circuit Court of Appeals

Hitchcock v. FedEx Ground Package Sys., Inc. (04/06/06 - No. 05-1901)

Summary judgment for defendant-employer in a case brought under the Minnesota Whistleblower Statute is affirmed where plaintiff failed to establish her prima facie case since she could not show she engaged in protected behavior under the statute.

http://caselaw.lp.findlaw.com/data2/circs/8th/051901p.pdf

Cottrill v. MFA, Inc. (04/07/06 - No. 05-1748)

Summary judgment to defendant-employer in a suit alleging sex discrimination in violation of Title VII arising from a supervisor's use of a bathroom peephole is affirmed where the district court did not err in dismissing disparate treatment claims for failure to exhaust administrative remedies, and plaintiffs failed to establish their prima facie claims of hostile work environment.

http://caselaw.lp.findlaw.com/data2/circs/8th/051748p.pdf

U.S. District of Columbia Circuit Court of Appeals

In re: James (04/07/06 - No. 05-5132)

An appeal brought pursuant to Rule 23(f) of the Federal Rules of Civil Procedure from denial of class certification in an employment discrimination case against a federal agency is dismissed where the district court denied class certification because it believed petitioners failed to comply with requirements imposed by Title VII, and not Rule 23.

http://caselaw.lp.findlaw.com/data2/circs/dc/055132a.pdf

U.S. Court of Appeals for the Federal Circuit

Rasing v. Dep't of the Navy (04/07/06 - No. 05-3053)

Petition for review of dismissal of petitioner's claim that the Department of the Navy violated his reemployment priority rights after he was separated from the agency in the course of a reduction in force is affirmed where an administrative judge correctly dismissed the appeal for lack of jurisdiction.

http://caselaw.lp.findlaw.com/data2/circs/fed/053053p.pdf

New York Court of Appeals

Robinson v. East Med. Ctr. (04/04/06 - No. 44)

Dismissal of complaint, alleging violations of New York Labor Law sections 240(1), 200(1) and 241(6) after sustaining injury when using a ladder too short for a task at a construction site, is affirmed where plaintiff's own negligent actions were the sole proximate cause of his injuries.

http://caselaw.lp.findlaw.com/data/ny/cases/app/44opn06.pdf

Supreme Court of Texas

City of Houston v. Jackson (04/07/06 - No. 04-0465)

A penalty provision under section 143.134(h) of the Texas Local Government Code, applicable to aggrieved fire fighters in certain circumstances, does not apply to a grievance examiner's unappealed recommendation under section 143.130 of the Code.

http://caselaw.lp.findlaw.com/data2/texasstatecases/sc/040465.pdf

California Appellate Districts

Bearden v. U.S. Borax, Inc. (04/07/06 - No. B182625)

Dismissal of miners' suit for a statutory second meal break is reversed and remanded where: 1) an Industrial Welfare Commission order conflicts with the statute and is invalid; 2) the issue of arbitration requires litigation upon remand; and 3) the IWC and plaintiffs' union are not indispensable parties to the litigation.

http://caselaw.lp.findlaw.com/data2/californiastatecases/B182625.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/B182625.pdf

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