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11 Jul 2013, 6:20 pm
The Southern District of Alabama found (Denham v Wal-Mart Stores East, LP, March 26, 2013) that any employee’s use of the n-word was “patently offensive,” but an “isolated utterance on a single occasion,” not directed at anyone in the workplace, was a stray remark that failed to meet the legal threshold for a cognizable Title VII claim. [read post]
22 Dec 2016, 7:08 am
Stainless, LP, which applied the zone of interests test for determining who may bring a Title VII retaliation claim. [read post]
18 Jan 2018, 6:54 am
Wal-Mart Stores East, LP, January 12, 2018, Cogburn, M. [read post]
14 Mar 2019, 12:21 pm
Wal-Mart Stores, East LP, March 11, 2019, per curiam, unpublished). [read post]
30 Mar 2017, 6:27 am
Andra Group, LP, March 24, 2017, Whitehill, B.). [read post]
6 Nov 2015, 6:52 am
Fast Water Heater Partners I, LP, November 2, 2015, Tigar, J.). [read post]
20 Mar 2013, 4:20 am
For example, in Muhammad v Wal-Mart Stores East, LP, a federal court sua sponte sanctioned an employee’s attorney who tried to avoid summary judgment by “disingenuously” arguing that an unpleaded gender bias claim had merit and could be pursued simply because the employee checked the Title VII box on his form complaint (WDNY 2012). [read post]
21 Jun 2013, 8:14 am
., Denham v Wal-Mart Stores East, LP, SDAla, March 26, 2013). [read post]
26 Aug 2015, 6:39 am
Baxter Healthcare Corp. dba BioLife Plasma Services, LP, August 24, 2015, Matheson, S.). [read post]
No FMLA claims for employee fired while on leave for excessive absences after drunk driving incident
5 Jun 2019, 6:06 am
Shell Chemical LP-Geismer Plant, May 31, 2019, Dick, S.). [read post]
4 May 2017, 6:55 am
Astrazeneca Pharmaceutical, LP, May 2, 2017, Thompson, O.). [read post]
23 Oct 2018, 7:13 am
Saybolt, LP, October 18, 2018, per curiam). [read post]
7 Sep 2013, 12:35 pm
., Ivie v Exterran Energy Solutions, LP). [read post]
27 Aug 2014, 7:09 am
Denying a company’s petition to review a final agency decision that the company violated safety regulations in failing to evaluate respiratory hazards involved in cleaning rail cars that carried hazardous chemicals and failing to train employees on the chemicals, a Fifth Circuit panel rejected the company’s claims that the Occupational Safety and Health Administration (OSHA) was preempted from regulating the operations, that the OSHA report approving the company for the Voluntary… [read post]
12 Aug 2015, 6:43 am
Carilion Clinic LP, August 10, 2015, Krause, C.). [read post]
4 Feb 2020, 7:17 am
Wal-Mart Stores East LP, January 29, 2020, Griesbach, W.). [read post]
16 Jan 2014, 6:46 am
Where a contract contains both a valid choice-of-law clause and a forum selection clause, the substantive law identified in the choice-of-law clause governs the interpretation of the forum selection clause, while federal law governs the enforceability of the forum selection clause, concluded the court (Martinez v Bloomberg, LP, January 14, 2014, Droney, C). [read post]
6 Jul 2014, 6:28 pm
Although the employee argued the statute precluded all forms of regulation, the court disagreed, saying “If the Kentucky legislature had intended to limit an employer’s right to require the disclosure of weapons, they would have done so” (Mullins v Marathon Petroleum Co, LP). [read post]
5 Sep 2013, 6:57 am
Based on evidence that a manager called an employee a “dumb f*cking c*nt” each day he saw her; displayed images of nude women, repeatedly said women do not belong in the oil field; told the employee not to waste her time applying for a job because she had “tits” and “bros before hoes;” and got angry that she would not have sex with a customer’s employee, a court rejected an employer’s argument that the alleged harassment was not sufficiently severe and… [read post]
16 Sep 2016, 3:08 pm
Even LPs did not come on the market until 1948. [read post]
