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20 Mar 2013, 4:20 am by Lorene Park
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]
18 Nov 2011, 3:09 pm by Law Lady
WAL-MART STORES, EAST, LP, Appellee. 2nd District.Torts -- Automobile accident -- Rear-end collision -- Evidence -- Damages -- Claim that trial court, in granting plaintiff's motion in limine, improperly precluded defendants from presenting testimony that the amount of damages plaintiff was claiming was not reasonable or necessary for the injuries at issue was not preserved for appeal where no transcript of hearing on motion in limine was in the… [read post]
11 Jul 2013, 6:20 pm by Joy Waltemath
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]
25 Oct 2013, 3:56 am by Lorene Park
The ADA does not require an employer to place an employee on permanent light duty or give other workers an employee’s assignments to accommodate a physical impairment (Josey v Wal-Mart Stores East, LP). [read post]
26 May 2011, 10:54 am by Bexis
Wal-Mart Stores East, LP, 2010 WL 419393, at *2-4 (M.D. [read post]
2 Jul 2009, 5:18 am
About a month ago, the Nevada Supreme Court took a look at the so-called "heeding presumption" - and rejected it outright. [read post]
18 Oct 2006, 5:26 pm
NLRB Law Memo 10/18/2006 by LawMemo - World's Best. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]