Continuing my occasional series of revisiting posts I’ve done over the last (nearly) five years, I look back to one I did during the first month of blogging. In a post on September 14, 2007, I looked at an online resource often overlooked — the chambers practices of federal judges which is found on the… Continue Reading
Tag Archives: District of Connecticut
Employee’s Speech Against Employer May Be Protected by First Amendment
Posted in LitigationEver since the U.S. Supreme Court ruled in Garcetti v. Ceballos that an employee’s speech pursuant to the employee’s official job duties was not protected by the First Amendment, employers have attempted to use that case as a shield against free speech lawsuits by employees. But a decision by a federal court in Connecticut late… Continue Reading
Judge Peter Dorsey, Federal Judge, Dies at 80
Posted in LitigationThe bench lost another notable judge this past week. Judge Peter Dorsey — who was the former chief judge of the District of Connecticut and who continued to serve despite taking “senior” status — died Friday at the age of 80. I last appeared before Judge Dorsey very late last year. He had a wonderful… Continue Reading
What Does it Take to Survive a Motion to Dismiss? Facts, Not Conclusions
Posted in Discrimination & Harassment, LitigationBack in February, I noted that a motion to dismiss in federal court – while still difficult to achieve — still had a pulse. That’s important for employers because it provides a mechanism for getting rid of frivolous claims early on with lower costs than federal lawsuits typically cost. A new district court case gives… Continue Reading
Summary Judgment For Tunxis Community College On Claims of Gender Discrimination
Posted in Discrimination & Harassment, LitigationAs I’ve lamented from my very first post, too often the press focuses on new cases that are brought without placing them in context. Yet every month, federal and state courts in Connecticut consider dozens of employment law cases that never make the headlines. One such case is Jacobs v. Connecticut Community Technical Colleges, decided… Continue Reading
Impairments That Merely Affect Major Life Activities Not Covered by ADA, Says Federal Court
Posted in Discrimination & Harassment, LitigationToday, my colleague Jonathan Orleans makes a return engagement to the blog, updating us on a decision released by the District Court of Connecticut yesterday that has relevance to various ADA cases in the state. The Defendant was successfully represented by another colleague of mine here at the firm, Marcy Stovall. A decision issued yesterday… Continue Reading
First Amendment Retaliation Claims by Town Facilities Manager Tossed by District Court
Posted in Discrimination & Harassment, LitigationA former Branford Facilities Manager’s claims that his employment was terminated due to protected speech and his political affiliation were effectively dismissed on Friday, February 25th when a federal court granted the employer’s motion for summary judgment. The 40-page opinion provides good roadmap for employers (and their attorneys) to understanding such claims and what is… Continue Reading
Who’s a “Successor” for FLSA Purposes? District Court Outlines Three Tests…And Punts
Posted in Wage & HourWhen faced with an unpaid wage claim (such as one brought under the Fair Labor Standards Act — FLSA, for short), an employer has one option that is often off the table, an option nicknamed the "nuclear option". What is it? It is to close the business, either through a bankruptcy or just an… Continue Reading
Negligent Infliction of Emotional Distress Claims in Connecticut Get Dismissed Yet Again
Posted in LitigationWhen the Connecticut Supreme Court came out with a decision nearly ten years ago that said that negligent infliction of emotional distress claims in the workplace were only viable when they occur during the termination process itself, it was the beginning of the end for these types of amorphous claims. The case, Perodeau v…. Continue Reading
Motions to Dismiss in Discrimination Cases Have a Pulse
Posted in Discrimination & Harassment, LitigationFor many years, motions to dismiss in discrimination cases were becoming a rarity, mainly because courts were loath to grant them. But the U.S. Supreme Court in the last few years has given the motions new life and recent District Court decisions are now showing the effects. Latest case in point: Barker v. UBS AG (download… Continue Reading
Don’t Cry for Me Connecticut: Court Says Mere Factual Disagreements Not Necessarily Probative of Age Discrimination
Posted in Discrimination & Harassment, LitigationIn employment discrimination cases, some of the day-to-day details of a person’s employment are sometimes disputed. Did an employee "continually" cry at work or only "occasionally" cry? And does it matter? A recent Connecticut district court decision clarified that such trivial disputes about an employee’s background — without more — are not enough to be… Continue Reading
Plaintiffs in Ricci v. DeStefano Move to Disqualify District Court Judge
Posted in LitigationThe Ricci v. DeStefano case (now on remand from the U.S. Supreme Court) has vanished from the headlines, but the case is still kicking around as the courts and the parties attempt to fashion a remedy that fits with the judgment in favor of the plaintiffs. For some time now, however, the plaintiffs have made… Continue Reading
Update: District Court Throws Out Wrestlers’ Lawsuit Against WWE (Again)
Posted in Class Actions, Litigation, Wage & HourBack in February, a federal court in Connecticut dismissed a lawsuit brought by three former wrestlers who contended, among other things, that they were improperly classified as independent contractors. The case garnered national attention (see, for example, this post by Zach Lowe at The American Lawyer) for a variety of reasons, including the disclosure of… Continue Reading
Federal District Court of Connecticut Statistics for 2008 Show Some Surprises
Posted in LitigationTime for a few multiple-choice questions: 1. In the fiscal year ending September 30, 2008, the number of cases filed in federal court in Connecticut was: a) up significantly over 2007; b) about the same as 2007; c) markedly down from 2007. 2. Since 2003, the number of cases filed and pending in the federal… Continue Reading
Corrective Action Memorandum Not a Contract, Says District Court
Posted in Litigation, Wage & HourUPDATED 2/10/09 Sometimes, by coincidence, two unrelated decision get released in close proximity to one another that they bring some greater clarity to the law. Yesterday, I discussed a Connecticut Superior Court case that found that certain discussions did not create an employment contract and that the employee was properly classified as "at-will". Earlier this… Continue Reading
A Tale of Two Summary Judgments: Looking at How Federal Judges May View Cases With a Different Lens
Posted in Discrimination & Harassment, LitigationIn employment litigation in federal court (let’s leave state court out of this discussion — it’s a whole different animal), filing a motion for summary judgment is seen by employers as their last, best chance to win a case before the matter is sent to a jury. After all, if the court grants the motion,… Continue Reading
Court Rejects Challenge By Teacher Fired for Alleged Inappropriate Conduct on MySpace
Posted in Human Resources (HR) Compliance, LitigationSometimes I feel like a broken record (though in today’s world, perhaps that should be updated to "corrupted music file"). For a while now, it’s been apparent to most of us that employees continue to do silly things with e-mail and their social networking pages. Add a recent case in Connecticut to the list of cases where individuals are… Continue Reading
Second Circuit Allows Employer to Throw Out Test Results That May Have Had Disparate Impact On African-Americans
Posted in Discrimination & Harassment, Laws and Regulations, LitigationEd: Updated to reflect newer posts and correct style There are many employment lawyers who subscribe to the belief that "No Good Deed Goes Unpunished". A case out of Connecticut and the Second Circuit this month certainly won’t change that perception. Indeed, although the case may have political undertones, it sets up a classic factual… Continue Reading
Attorneys Fees in Discrimination Cases: What Rate Can an Employee/Plaintiff’s Attorney Recover?
Posted in Discrimination & HarassmentIn discrimination cases, when a plaintiff (which is a fancy legal term for employee) wins he or she is often entitled to have the defendant (typically the employer) pay his or her attorneys’ fees. There are lots of cases out there that discuss formulas for such fees . But the basic assumption that some employers… Continue Reading
Former CHRO Regional Manager — Rebuffed by U.S. Supreme Court — Files Another Lawsuit in U.S. District Court
Posted in CHRO & EEOC, LitigationIt keeps going and going and going….. When I learned of a new lawsuit filed in federal court yesterday by former CHRO Regional Manager Femi Bogle-Assegai arising from her termination back in April 2001, I couldn’t help but think of the cliched advertisement of the Energizer Bunny. First, the quick background as described by the U.S. Court of Appeals – Second Circuit in… Continue Reading
Summary Judgment in District Court in Connecticut: An Update
Posted in LitigationIn yesterday morning’s post, I indicated that people should be wary of drawing generalities from some recent decisions granting summary judgment for employers. Indeed, I went out of my way to note that each judge has their particular way of handling employment discrimination cases. I also highlighted District Court Judge Christopher Droney for his statement in his… Continue Reading
Summary Judgment in Employment Cases is Alive and Well in District of Connecticut (At Least With Judge Bryant)
Posted in Discrimination & Harassment, LitigationA few years ago, there was lots of debate among attorneys about whether summary judgment was still a disfavored remedy in employment discrimination cases in federal court. (For those readers unclear what "summary judgment" is, the Wikipedia entry is a pretty good start and George’s Employment Blawg has a nice post about how to best prepare… Continue Reading
Court: SNET’s Conversion to Cash Balance Plan Does Not Violate ERISA
Posted in LitigationFirst, a warning. If your eyes glaze over at discussing the difference between cash balance plans and defined benefit plans, this post is not for you. However, for those employers who are considering converting their retirement plans or who have done so, a new case released this morning provides some much-needed guidance in Connecticut about… Continue Reading
Judges View Discrimination Cases Differently in “Chambers Practices”
Posted in Discrimination & Harassment, LitigationA few days ago, I noted that the new District Court of Connecticut website now posts the federal judge’s Chambers Practices online. For employment law practitioners, two of the judge’s chambers practices refer to the judge’s views on discrimination cases and the use or overuse of dispositive motions on such claims. Judge Alvin Thompson and Judge Christopher… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
Follow Me on Twitter
Join the Discussion on Facebook
Subscribe to this blog via RSS
View My Linkedin Profile