April 11, 2014

Louisville Wrongful Termination Case

In January of 2014, the United States District Court of the Western District of Kentucky heard a case where the wrongfully terminated Plaintiff alleged that he was wrongfully terminated for having a firearm in his vehicle’s glove box. (See Holly v. UPS Supply Chain Solutions, Inc., 2014 WL 345275 (E.D. Ky. 2014)).

The wrongfully terminated plaintiff on or about April 1, 2013 was having car troubles and spoke to his boss about it. His boss agreed that he could take his vehicle to a repair shop. So, the plaintiff called a friend to drive him over with his truck. But, he remembered that he had a firearm in his vehicle’s glove box. So, he called a coworker over and asked the coworker if he could store his firearm in his coworker’s glove box while his vehicle was at the repair shop. At issue was defendant’s motion to dismiss and plaintiff’s motion to amend. The court granted the motion to amend by plaintiff’s Louisville wrongful termination attorney.

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April 4, 2014

Kentucky Family and Medical Leave Act (FMLA) Discrimination Case

In February of 2014, the United States District Court for the Eastern District of Kentucky decided a case that involved a Kentucky Family and Medical Leave Act (FMLA) Discrimination, Parks v. UPS Supply Chain, 2014 WL 414230 (E.D. Ky. 2014)). The defendant’s Kentucky FMLA lawyer filed a motion for summary judgment arguing that the plaintiff failed to establish a prima facie case of FMLA interference or retaliation because he did not demonstrate that there was a causal connection between his use of FMLA leave and his termination. Id.

The Kentucky FMLA discriminated against plaintiff began working for the defendant in 1999. He was hired as a material handler. Between 2002 and 2009 the defendant wrote up the Kentucky FMLA plaintiff 15 times. Further, while working for the defendant, the plaintiff did take off time during his employment for injuries he had while working for the defendant. Id. The Kentucky FMLA plaintiff admitted that the defendant never interfered with him taking leave on these occasions. Id.

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March 10, 2014

Lexington Underinsured Motorist (“UIM”) Car Accident Case

In January of 2014, the United States District Court for the Eastern District of Kentucky decided a case that involved a Lexington Underinsured Motorist (“UIM”) Car Accident. (See Von Wiegen v. Shelter Mutual Ins. Co., 2014 WL 66516 (E.D. Ky 2013)). This car accident case involved a rear-end car accident that occurred on July 9, 2010. The injured car accident driver settled his case with the wrongful party and then filed a claim with his underinsured motorist policy (UIM). The plaintiff’s Lexington Underinsured Motorist (“UIM”) Car Accident attorney filed the UIM car accident lawsuit and bad faith lawsuit.

The lawsuit had forensic accountants testifying as to the financial information pertaining to the injured plaintiff. During discovery the experts were given certain documents to review, but unfortunately were not given all the documents to review. It was mostly tax documents that was reviewed. Tax documents and income statements.

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February 20, 2014

Reverse Discrimination Case

In March of 2007, the United States District Court in the Western District of Kentucky heard a case involving reverse discrimination. (See Gooden v. Ryan’s Restaurant Group, Inc., 2007 WL 855326 (W.D. Ky. 2013)). The reverse discrimination lawsuit was filed against the defendant employer and alleged both Title VII and Title I violations of the Civil Rights Act of 1964, and Kentucky Civil Rights Act violations and Kentucky defamation common law. Id.

The plaintiff was a manager who worked for the defendant. The defendant employer has an anti-fraternization policy which prohibits employees of the same restaurant from maintaining a personal relationship. The reverse discrimination plaintiff wanted to date a co-worker, so he asked for a transfer. It was granted.

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February 12, 2014

Louisville Employment Discrimination Case

In June of 1997, the Supreme Court of Kentucky heard a case involving employment discrimination and after acquired evidence. (See Toyota Motor Manufacturing, Inc., v. Epperson, 945 S.W.2d 413 (1997)). In this employment discrimination case the issue was whether misrepresentations by the employee on his employment application will bar a suit for employment discrimination under the civil rights act. The appeals court held that it did not, and this Court agreed for the following reasons. Plaintiffs’ employment discrimination lawyer won and now had to go back and try the case.

The plaintiff employment discrimination employee suffered a wrist injury at work. Id. He was on medical leave for six months when the employer discharged him pursuant to a company policy. The employee hired an employment discrimination lawyer and filed suit claiming he was discharged based upon his disability. During discovery it was discovered that the plaintiff had misrepresented certain facts on his employment application. Id.

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February 2, 2014

Louisville Hostile Work Environment, Retaliation, Wage Discrimination

In October of 2013, the United States District Court for the Western District of Kentucky decided a case that involved two employees who in Louisville claimed hostile work environment, retaliation and wage discrimination and sued her former employer for such. (See Perry v. Autozoners, LLC, 2013 WL 5773046 (W.D. Ky. 2013)). Each plaintiff brought discriminatory termination claims based on race and retaliatory termination.

After the discovery period was over and all the evidence was given to each side, the defendants then moved for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. Id. Defendants’ Louisville Hostile Work Environment, Retaliation, Wage Discrimination lawyer filed the motion with the court and included the availability of punitive damages.

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January 28, 2014

Disability Discrimination and Failure to Accommodate Case

In October of 2013, the United States District Court in the Eastern District of Kentucky heard a case involving disability discrimination and failure to accommodate issues. (See Garber v. Bosch Rexroth Corp., 2013 WL 5934646 (E.D. Ky. 2013)). The lawsuit was filed by plaintiff’s disability discrimination and failure to accommodate attorney on October 26, 2012. The attorney then amended the complain on August 1, 2013 adding claims of retaliation, wrongful discharge, conversion and breach of contract. Id. The defendants removed the case from Kentucky state court to Kentucky federal court.

The defendants’ disability discrimination and failure to accommodate attorney argued that two of the defendants were fraudulently joined to prevent diversity. Id. Plaintiff’s disability discrimination and failure to accommodate attorney argued that the defendants were too late in filing their motion to remove and that the discrimination case should be remanded to state court.

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January 17, 2014

Kentucky Slip and Fall Case

In September of 2013, the United States Court of Appeals of Kentucky heard a case involving a Kentucky slip and fall matter. (See Barker v. Northcutt, 2013 WL 5305755 (Ky. App. 2013)). The defendant filed a motion for summary judgment and for the reasons listed below, the court reversed the lower court’s ruling and denied the motion. (Kentucky slip and fall attorney Andrew Alitowski can explain to you this)

The Kentucky slip and fall accident occurred on January 11, 2010. The plaintiff slip and fell during the evening while attending a visitation. Id. The evening was cold and snowy. Id. The parking lot was full when he arrived so he parked in the back. The employees were spreading calcium to melt the ice every 15 minutes.

The Kentucky slip and fall plaintiff left and when he existed the rear he slipped and fell on ice before sliding about six feet. After he fell he could see that ice was present. So, he shortly thereafter called a Kentucky slip and fall attorney.

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January 13, 2014

Kentucky Slip and Fall Case

In April of 2013, the United States District Court of the Western District of Kentucky heard a case involving a Kentucky slip and fall matter. (See Altman v. CBOCS, Inc., 940 F. Supp.2d 560 (W.D.KY 2013)). The defendant filed a motion for summary judgment and for the reasons listed below, the court denied the motion.

The plaintiff at the time of the Kentucky slip and fall accident was a graduate student at Murray State University. Id. The plaintiff slip and fell on February 8, 2011 between 9:30am and 10:00am. Id. He was walking to a Cracker Barrel store near the campus to east breakfast. He had to walk through 8-11 inch deep snow to get there that had fallen on the previous evening. Id. He walked very carefully. When he got to the porch he walked carefully under the covered porch and upon entering the porch area, he slipped and fell on the concrete surface landing on his back and right shoulder. Id. He then went to the hospital with a fracture to his humerus bone of his right arm. The slip and fall injury required surgery. To date the slip and fall plaintiff complains of limited range of motion, diminished strength and continued pain. He claims the fall was caused by snow and ice on the porch and that the landlord had a duty to protect him from it, and failed to do so. The injured plaintiff hired a Kentucky slip and fall attorney.

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December 19, 2013

Louisville Personal Injury Immunity of Public Official Case

In October of 2013, the Court of Appeals for Kentucky decided a case that involved a motorcycle accident and a blind curve and the bus route being changed and whether or not a public official had immunity in this case. (See Tackett v. Tiernan, 2013 WL 5604672 (Ct. App. 2013)). The motorcycle accident occurred on August 28, 2008. It involved a bus. The driver of the motorcycle was severely injured.

The plaintiffs brought suit on January 23, 2009 and then field another suit on August 26, 2009. These cases were later consolidated. One party was let out because it was established during discovery that she had no authority to either direct or make changes to bus routes in her position with the School Board. Id.

The on August 16, 2010, one of the defendants filed a motion for summary judgment asserting he was immune from liability under the doctrine of sovereign immunity. “He contended that his actions in creating bus routes were discretionary duties, rather than ministerial and, thus, he was entitled to immunity.” The trial court agreed and granted the motion. The trial then went on and the defendant won and thus the plaintiff’s Louisville personal injury immunity of public official attorney filed this appeal.

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December 16, 2013

Kentucky Intentional Infliction of Emotional Distress (IIED) Case

In October of 2013, the Court of Appeals of Kentucky decided a case that involved a family which brought a lawsuit against a funeral home and cemetery for burying their loved one in the wrong burial plot. (See Keaton v. G.C. Williams Funeral Home, Inc., 2013 WL 5763238 (Ky. App. 2013)).

The family sued because the mother who had purchased a plot next to her husband died in 2010 but was not buried next to her husband. A mistake was made which was discovered approximately six weeks after the service. At that time the remains were disinterred and reinterred in the correct plot. Approximately 9 months later, the family sued the defendants alleging IIED, negligent misrepresentation, breach of contract and breach of the Kentucky Consumer Protection Act. Id. The lower court in January of 2012 granted partial summary judgment for the defense on all claims except the breach of contact claim. This appeal followed. The plaintiff’s Kentucky Intentional Infliction of Emotional Distress (IIED) attorney had a hard case to win.

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December 13, 2013

Sex Discrimination and Hostile Work Environment Case

In August of 2013, the United States Court of Appeals for the Sixth Circuit decided a case that involved a female employee who alleged sex discrimination, hostile work environment and retaliation under Title VII. (See Waldo v. Consumers Energy Co., 726 F3d 802 (6th Cir. 2013)). This case was originally tried in 2009 where the sex discrimination and hostile work environment plaintiff lost, but then her sex discrimination and hostile work environment attorney appealed and won the appeal on the hostile work environment claim only, which allowed him to re-try the case. On the retrial, the plaintiff’s sex discrimination and hostile work environment attorney won and now the defendant is trying to appeal that decision.

The female sex discrimination and hostile work environment plaintiff worked as an electrical line worker for the plaintiff and was subjected routinely to sexual harassment. She began working for the defendant in 1997 part-time and then began working in the Transmission Department. She handled electric lines on tall steel towers. She was in an apprentice program. But, throughout, she was constantly called demeaning names, told she did not belong, told to urinate outdoors, was locked in a trailer and told to scrub the tobacco chew spit from the floor, locked in a port-potty, made to see sexually explicit playing cards, calendars, and magazines at work, and when she first began she was told she was not welcome because she was a woman. This was constant.

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