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Section 1981 claim is subject to four-year statute of limitations

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

In 2008, Russell H. Johnson, III, an African-American, sued Lucent and the administrator of his disability insurance benefits for retaliation in violation of Title VII, violation of 42 U.S.C. 1981 and intentional infliction of emotional distress in retaliation for his filing suit against Lucent in 2005 for stopping payment of his disability benefits

Employee who provided false SSN and other information was barred from suing for disability discrimination

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

Vicente Salas worked on Sierra Chemical's production line, filling containers with various chemicals

Employer did not violate CFRA by transferring employee upon her return from 19-week stress leave

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

After 19 weeks of medical leave, Katrina L. Rogers returned to her job as the personnel officer in the executive office responsible for rendering administrative and other support services to the Los Angeles County Board of Supervisors

Employer's anti-SLAPP motion was properly denied

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

Dean Martin, who worked as the executive manager of finance and administration of the municipal water district for the City of Chino, alleged retaliation, racial and age discrimination and harassment, defamation and constructive wrongful termination

Prevailing employer should have been permitted to recover its costs from employee

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

Larry Plancich sued UPS for failure to pay overtime, meal and rest breaks; failure to keep, maintain and furnish accurate wage statements, and unfair competition, among other claims

Employee of independent contractor cannot sue company that hired contractor for negligence

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

US Airways uses a conveyor to move luggage at San Francisco International Airport

Unlicensed law clerk was properly classified as exempt professional

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

Zelasko-Barrett v

Injunction upheld prohibiting former employee from competing

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

NewLife terminated the employment of Ronald Weinstock, the purported inventor of a Therapeutic Magnetic Resonance Device ("TMRD"), which NewLife had purchased approximately one year before the termination

Offer of judgment for full amount of class rep's claim did not moot class action

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of contract

"Me too" evidence was relevant to and admissible in discrimination lawsuit

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 9 2011

Lorraine Pantoja sued attorney Thomas J. Anton and his firm for wrongful termination, violation of the Fair Employment and Housing Act ("FEHA"), battery, sexual battery and intentional infliction of emotional distress