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Tennessee and Sixth Circuit Appellate Update: Fall 2017

Tennessee and Sixth Circuit Appellate Update: Fall 2017

by travisadmin | Feb 4, 2018 | ADEA, FLSA, FMLA, Non-Competition Agreements, Title VII

This year, I’m beginning a feature on my website which provides a quarterly employment law update of appellate decisions in Tennessee and the Sixth Circuit. As there will be several cases posted in this update each calendar quarter, I’ve tried to be brief...
Tennessee Appeals Court Addresses Practical Effect of Non-Disparagement Clauses

Tennessee Appeals Court Addresses Practical Effect of Non-Disparagement Clauses

by travisadmin | Sep 16, 2017 | News

In Reitz v. City of Mt. Juliet, 2017 WL 3879201 (Tenn. Ct. App., August 31, 2017), the plaintiff Reitz had entered into a settlement agreement in January 2010 that contained a non-disparagement agreement and required the City to provide neutral employment...
Sixth Circuit Reverses Summary Judgment on Public Employee’s First Amendment Claim

Sixth Circuit Reverses Summary Judgment on Public Employee’s First Amendment Claim

by travisadmin | May 16, 2017 | Civil Rights

In Mayhew v. Town of Smyrna, Tennessee, 2017 WL 1947877 (M.D. Tenn. May 11, 2017) the Sixth Circuit Court of Appeals reversed a summary judgment grant against Mayhew, an employee of the Town of Smyrna.  In this case, Mayhew worked as lab supervisor for the Town’s...
Sixth Circuit Reverses FMLA Summary Judgment Under Cat’s Paw Theory, Trumps Honest Belief Rule

Sixth Circuit Reverses FMLA Summary Judgment Under Cat’s Paw Theory, Trumps Honest Belief Rule

by travisadmin | May 1, 2017 | FMLA

In Marshall v. The Rawlings Company, 2017 WL 1404185 (6th Cir. April 20, 2017), the Sixth Circuit, in a split panel, reversed a district court summary judgment for the employer. In this case, Marshall worked as an analyst and then Team Lead for the defendant, which...
No Title VII Liability Against International Union, Says Sixth Circuit

No Title VII Liability Against International Union, Says Sixth Circuit

by travisadmin | Apr 17, 2017 | Title VII

In Phillips v. UAW International (6th Cir. No. 16-1832, April 12, 2017), the plaintiff brought suit against her International Union under Title VII. An African-American, Phillips had served as chairperson of her local union for several years, and alleged she had been...
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