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In Saab v. Home Depot U.S.A., Inc., ___ F.3d ___ (8th Cir. Nov. 22, 2006), the Eighth Circuit held that the CAFA provision permitting interlocutory appeals from remand orders (28 U.S.C. section 1453(c)(1)) "does not permit us to accept an appeal from the denial of a motion to remand when a class action has been removed to federal court on the basis of traditional diversity jurisdiction, § 1332(a)": Saab urges us to interpret § 1453 ...

... to terminate an employee raises a genuine issue of material fact whether there is a causal connection between the employee's protected conduct and his termination." The managers were terminated 25 days after formally complaining, and they presented other evidence that Home Depot's purported reason for the terminations was a sham. The case is Corbitt v. Home Depot U.S.A., Inc., No. 08-12199 (11th Cir. July 10, 2009), and the opinion is available online HERE.

... federal court on the basis of traditional diversity jurisdiction," Saab v. Home Depot U.S.A., Inc., 469 F.3d 758, 759 (8th Cir.2006 ... Cir.1990). Taking the facts as set forth in the Declaration of Krista Memmelaar, Hertz's relevant business activities are "significantly larger" in California than in the next largest state ... difference deemed to be significant in Tosco, California nevertheless "contains a substantial predominance" of Hertz's operations. Tosco Corp., 236 F.3d at 500. Neither Tosco nor ...

... s decision July 28th in Rickher v. Home Depot, Inc. Some quotes from Volokh: Courts have cited Wikipedia over 300 times, and many of those ... a tangential and uncontroversial matter. But the Seventh Circuit's use of Wikipedia in Rickher v. Home Depot, Inc., handed down Monday, strikes me as troubling. ... These are problems, as the ILB has written before, inherent in the Indiana General Assembly's website, as it relates to the Indiana Code, the Acts of Indiana, and the Indiana Register .Interestingly, ...

... all others similarly situated v. Home Depot Services, LLC, Home Depot U.S.A., Inc., The Home Depot, Inc., and John Does 1 ... stores in Georgia during the past ten years. CAFA Construction 101: Defendant's Burden of Proof for Invoking Minimal Diversity: Any CAFA aficionado worth his ... overcomes the no-jurisdiction presumption. When the plaintiff asserts a factual attack to the removing defendant's allegation of federal subject matter jurisdiction, the plaintiff is required to produce evidence that makes ...

Romala Stone, Inc. v. The Home Depot U.S.A., Inc., Case No. 1:04-cv-2307 (N.D. Ga. Sept. 19, 2008) (Story ... "expert" capacity and submitted a Rule 26 expert report setting forth Navigant's opinion on damages. Romala Stone instructed Navigant to withhold production of any documents relating to ... such withholding unjustified because Romala Stone failed to show that there was a demarcation between Navigant's roles of expert consultant and testifying expert. Upon review of the record, the Court concluded ...

A 35 year old healthy construction worker was helping to build a new Lowe's Home Depot in Orangeburg (Ulster County), New York on November 14, 2002 when he fell ... for injuries suffered by workers when they involve falls from heights. A judge granted plaintiff's motion for summary judgment on liability grounds and the case then proceeded to a jury trial to determine the amount of damages. In Doviak v. Lowe's Home Centers, Inc., an Ulster County jury found that plaintiff was entitled to $1,000,000 ...

... (See my post of May 10, 2007: Clayton Holdings; Feb. 19, 2006 #4: Home Depot; Nov. 19, 2005: Google; June 4, 2007: Wal-Mart; and June 11, 2008: an Abu Dhabi growth spurt and Caterpillar's.). Seyfarth Shaw and Six Sigma for litigation. According to a Bloomberg article by Cynthia Coutts, FMC ... to manage litigation more efficiently. Six Sigma is a business management system developed by Motorola Inc. that uses statistical analysis to improve the quality of processes (See my post of Feb. 13, ...

Per Frank v. Home Depot, U.S.A., Inc., 481 F.Supp.2d 439 (D. Md. Apr. 11, 2007): Frank argues that he entered into an employment contract with ... have breached an employment contract. Thus, the earlier suit and the current claim for breach of contract center on Home Depot's decision to terminate Frank. As to the third element of res judicata, Frank I and Frank II involve the identical parties. Accordingly, Frank's two suits are identical for purposes of res judicata and therefore Count I is barred.

... not actionable because it is part of workplace socializing. In that case, Corbitt v. Home Depot U.S.A., Inc., No. 08-12199 (11th Cir., 2009), two employees were ... and under the totality of the circumstances as the law requires. As an example, the Court had held that the supervisor's putting his arm around one of the employees was not sexual in nature. However, ... his arm around the employee, he had also put his hand on the employee's thigh under the table where they were seated. Judge Fawsett noted ...