Sixth Circuit Reverses SJ in Failure to Promote Case
In Levine v. DeJoy (6th Cir., No. 22-1388, 04/10/23), Levine sued the United States Postal Service (USPS), alleging discrimination by failing to promote her based on race. The Sixth Circuit reversed the trial court's summary judgment for the employer. Levine, an...
Sixth Circuit Reverses Dismissal of FMLA Claim
In Milman v. Feiger & Feiger, P.C. (6th Cir., No. 21-2685, 01/25/2023), Milman sued the employer law firm, alleging the employer violated the FMLA when it terminated her immediately after she requested unpaid leave to care of her son. The Sixth Circuit reversed...
Sixth Circuit – Severability Clause Means Everything in Arbitration Agreement
In Gavin v. Lady Jane's Haircuts for Men Holding Co. (6th Cir., No. No. 24-1509, 4/23/2025), a group of hair stylists sued their employer for overtime wages under the FLSA, asserting they had been misclassified as independent contractors. The parties had an...
Tennessee Court of Appeals Speaks on Act Ending Forced Arbitration of Sexual Harassment Claims
In Ruiz v. Butts Foods, LP, and Quirch Foods, LLC (Tenn. Ct. App., No. 81762, 4/14/25), the plaintiff asserted claims against the joint employers for sexual harassment and retaliation, as well as tort claims for battery, intentional and negligent infliction of...
SCOTUS: It’s Not Over Until It’s Over
In Waetzig v. Halliburton Energy Services, Inc. (S.Ct. No. 23-971, 2/26/25), the U.S. Supreme Court unanimously held that voluntary dismissals under F.R.C.P. Rule 41(a) may constitute final orders under Rule 60(b), thus paving the way for previously dismissed claims...
Sixth Circuit Finds Seizure Disorder Renders Utility Worker a “Direct Threat” under ADA
In Smith v. Newport Utilities (6th Cir., No. 24-5502, 2/27/2025), the Sixth Circuit Court of Appeals upheld summary judgment for the employer on the plaintiff's claim that he was discharged in violation of the Americans with Disabilities Act. Smith was a...
Sixth Circuit: If You Signed It – You Read It
In Gavette v. United Wholesale Mortgage, LLC, 2025 WL 318224 (6th Cir., January 28, 2025), Gavette was terminated and filed suit alleging retaliation based on his request for an accommodation to care for his disabled wife. The employer, United Wholesale, moved to...
Sixth Ciruit Remands on Various FMLA Claims
In Chapman v. Brentlinger Enterprises (6th Cir. Nos. 23-3582/3613, 12/13/2024), Chapman alleged various claims including employer interference and retaliation under the Family Medical Leave Act ("FMLA") following her termination after taking time off to take care of...