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...
Supreme Court Speaks on Arbitration – Yet Again
Last week, in Coinbase, Inc. v. Suski, 144 S.Ct. 1186, 2024 WL 2333424 (May 23, 2024), the U.S. Supreme Court unanimously held that when there are two conflicting contracts between the parties - one that requires a court to address a question of arbitrability and...
To Stay or to Dismiss – Part Two
In January, I reported about the U.S. Supreme Court granting certiorari in Wendy Smith, et al. v. Keith Spizzirri, et al., 2024 WL 133822 (Jan. 12, 2024), in order resolve a split in the circuits as to whether, when presented with an agreement to arbitrate, a district...
You Snooze – You Lose: Sixth Circuit Finds Waiver of Arbitration
In Schwebke v. United Wholesale Mortgage LLC, 6th Cir., Nos. 23-1507/1551 (Mar. 27, 2024), the plaintiff brought suit in federal district court for disability discrimination under state and federal law. The defendant employer engaged in extensive discovery for seven...
Is Reassignment a Reasonable Accommodation? Sixth Circuit Says “Yes”
In Cooper v. Coca-Cola Consolidated, Inc., 2024 WL 638551 (6th Cir., Feb. 15, 2024), Cooper sued under the ADA alleging failure to accommodate and constructive discharge. Cooper drove a delivery route and suffered from Tourette Syndrome presenting with verbal tics -...
Sixth Circuit Reverses Summary Judgment in FLSA Retaliation Case
In Caudle v. Hard Drive Express, 2024 WL 464078 (Feb. 7, 2024), Caudle sued claiming he was fired in retaliation for threatening to report unlawful employment practices in violation of the Fair Labor Standards Act (FLSA) and Michigan's Whistleblower Protection Act...
Tennessee Court of Appeals Affirms Verdict in Retaliatory Discharge for Unpaid Commissions
In Korshoff v. Wesley Financial Group, LLC, 2024 WL 445849 (Feb. 6, 2024) the plaintiff sued for unpaid commissions on grounds of breach of contract, unjust enrichment, retaliatory discharge, and intentional misrepresentation. A jury found for her on all counts and...