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(U.S. 1st Cir., Attorney’s Fees, Civil Procedure, Civil Rights, Health Law, Labor & Employment Law) In an appeal from a remitted jury award to plaintiff based on the failure of defendant-employer to accommodate his disability as required by federal and state law, the judgment below is affirmed over: 1) defendant’s claim that the evidence was insufficient to support either liability or the remaining damages award; 2) its claim that the statute of limitations had run on the claims; and 3) plaintiff’s claim that the district court erred in refusing to instruct the jury on punitive damages and in denying attorney’s fees pending final judgment.
Telco Group, Inc. v. Ameritrade, Inc.
(U.S. 8th Cir., Civil Procedure, Class Actions, Per Curiam) Dismissal of a claim for failure to prosecute is affirmed where: 1) plaintiff did not challenge this dismissal on the merits; 2) because plaintiff’s claims have been dismissed with prejudice, reversing the denial of class certification would afford plaintiff no relief; and 3) as its claims have been dismissed, plaintiff is no longer a member of and therefore cannot represent the putative but uncertified class.
Deleon v. Verizon Wireless
(Cal. App., Civil Procedure, Labor & Employment Law) In a claim brought by plaintiff on behalf of himself and other aggrieved employees against defendant employer-Verizon Wireless alleging various Labor Code violations, demurrer sustained in favor of defendant ruling that plaintiff’s lawsuit was barred by the doctrine of res judicata is reversed where the trial court abused its discretion in denying plaintiff leave to amend to state claims that accrued after the date of the earlier action.
Bernstein v. Feiner
(N.Y., Civil Procedure, Constitutional Law) Appeal is dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.
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Rep. James Oberstar, Chairman of the House Transportation and Infrastructure Committee, is behind the newly introduced bill, H.R. 831 which bears the title “A Bill to Ensure Adequate Airline Competition between United States and Europe.” Rep. Oberstar’s speech in support…
Article of Note
Readers interested in the regulatory ramifications of airline alliances will want to peruse Prof. Philip G. Gayle’s recently published study, An Empirical Analysis of the Competitive Effects of the Delta/Continental/Northwest Code-Share Alliance, 51 J.L. & Econ. 743 (2008). Gayle, an…
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(U.S. 8th Cir., Civil Procedure, Class Actions, Per Curiam) Dismissal of a claim for failure to prosecute is affirmed where: 1) plaintiff did not challenge this dismissal on the merits; 2) because plaintiff’s claims have been dismissed with prejudice, reversing the denial of class certification would afford plaintiff no relief; and 3) as its claims have been dismissed, plaintiff is no longer a member of and therefore cannot represent the putative but uncertified class.
Bernstein v. Feiner
(N.Y., Civil Procedure, Constitutional Law) Appeal is dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.
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(U.S. 6th Cir., Civil Procedure, Government Law, Property Law & Real Estate) In a suit alleging that a title company violated the Real Estate Settlement Procedures Act’s anti-kickback and anti-fee-splitting provisions, dismissal for lack of standing is reversed where the plain meaning of the statutory language and the authorities examined by the court indicate that Congress created a private right of action to impose damages where kickbacks and unearned fees have occurred, even where there is no overcharge.
Deleon v. Verizon Wireless
(Cal. App., Civil Procedure, Labor & Employment Law) In a claim brought by plaintiff on behalf of himself and other aggrieved employees against defendant employer-Verizon Wireless alleging various Labor Code violations, demurrer sustained in favor of defendant ruling that plaintiff’s lawsuit was barred by the doctrine of res judicata is reversed where the trial court abused its discretion in denying plaintiff leave to amend to state claims that accrued after the date of the earlier action.
Crawford v. Metro. Gov’t of Nashville
(U.S.S.C., Civil Procedure, Civil Rights, Labor & Employment Law) The protection of Title VII of the Civil Rights Act of 1964, which forbids retaliation by employers against employees who report workplace race or gender discrimination, extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer’s internal investigation.
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February 7, 2009 8:40 pm | 
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