Posted On: October 31, 2010

Age Discrimination, Retaliation and Hostile Work Environment Case.

In August of 2010, the United States Court of Appeals for the Sixth Circuit heard a case involving an electric power board employee who claimed he was fired due to his age and retaliated against and worked in a hostile work environment. (See Love v. Electric Power Board of Chattanooga, EPB, 2010 WL 3278230 (C.A.6 (Tenn))). In Love the district court granted summary judgment to the defendant dismissing the case against the age discrimination plaintiff. Plaintiff appealed and this court sustained the lower court’s ruling. (A Louisville age discrimination lawyer could help explain this to you.)

Continue reading " Age Discrimination, Retaliation and Hostile Work Environment Case. " »

Posted On: October 27, 2010

Federal Civilian Employee Brings Race Discrimination, Retaliation and Hostile Work Environment Lawsuit.

In July of 2009, the United States Court of Appeals for the Sixth Circuit decided a case where the Plaintiff alleged race discrimination, retaliation, and hostile work environment. (See Batuyong v. Gates, 337 Fed Appx 451 (C.A.6 (Ohio))). In Batuyong, the Plaintiff had requested 240 hours of advance sick leave (ASL) for time off following an elective knee surgery that she would have on June 4, 2004. Her first line supervisor recommended that the ASL be approved, but the second line supervisor did not and thus Plaintiff while she was out was considered Leave Without Pay (LWOP) and Away without Leave (AWOL). But, a few months later, the second line supervisor reversed herself and approved the ASL request. Plaintiff was reinstated in good standing and Plaintiff returned to work on August 9, 2004. But, it did not end there. Plaintiff was upset and felt that she was wronged, so she went and found a race discrimination lawyer to help her out.

Continue reading " Federal Civilian Employee Brings Race Discrimination, Retaliation and Hostile Work Environment Lawsuit. " »

Posted On: October 26, 2010

Motorcycle Accident Case Where Employee Was Killed.

In July of 2008, the Court of Appeals in Ohio heard a case that involved a motorcycle accident where the driver of the motorcycle crashed and was subsequently killed. (See Keating v. Classic East, Inc., 2008 WL 2875715 (Ohio App. 11 Dist.)).

In Keating, the Plaintiff was riding a motorcycle at work when he lost control and crashed into a garage on his employer’s property. The motorcycle accident occurred in May of 2006. The place where Plaintiff worked was an automobile dealership but had gotten this motorcycle in a trade. A few days before the accident, Plaintiff’s manager told him not to ride the motorcycle and to stay off it. Then, two days later, Plaintiff rode the motorcycle and crashed and killed himself. Thus, the question is, would the Court allow Plaintiff's estate to receive workers' compensation or not? Read further to see what a Louisville motorcycle accident lawyer would do.

Continue reading " Motorcycle Accident Case Where Employee Was Killed. " »

Posted On: October 8, 2010

Louisville Car Accident Where to Finalize? State or Federal Court?

In July of 2010, the United States District Court, Western District of Kentucky heard a case that involved legal questions as to whether or not it was proper to remove the case from the Jefferson Circuit Court to the Western District Kentucky Federal Court or not. (See Ryan v. Discover Property & Casualty Ins. Co., 2010 WL 3001517 (W.D.Ky.))

In Ryan, the case arose from a Louisville car accident that occurred between the Plaintiff and a Mr. Digiovanni. A car accident lawsuit was filed on October 25, 2007 in Jefferson Circuit Court. The lawsuit also had a claim for an under-insured motorist claim against the Plaintiffs’ own insurance company. Then after filing the lawsuit, Plaintiffs learned that the Defendant may have been working at the time of the accident, so they amended the complaint to include his employer. This brought on months of fighting as to whether the Defendant was an employee or independent contractor. The state court finally ruled that the Defendant was employed at the time of the accident. Thus, the Plaintiff before settling with the corporate Defendant amended their complaint to include a claim for bad faith under the Unfair Claims Settlement Practices Act. After the corporation defendant settled out, the new defendant “Discover” removed the case to federal court on May 4, 2010. Thus this Louisville car accident case was now being argued in federal court.

Continue reading " Louisville Car Accident Where to Finalize? State or Federal Court? " »