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...
To Stay or to Dismiss? That is the Question.
Last week, the U.S. Supreme Court granted certiorari in Wendy Smith, et al. v. Keith Spizzirri, et al., 2024 WL 133822 (Jan. 12, 2024). The review should resolve a split in the circuits as to whether, when presented with an agreement to arbitrate, a district court is...
Supreme Court Requires Stay of Proceedings During Appeal of Arbitration Ruling
Last week, in a 5-4 decision, the U.S. Supreme Court resolved a split in the circuits and held that federal district courts must stay trial court proceedings while an appeal of a decision denying a motion to compel arbitration is pending. Coinbase, Inc. v. Bieski,...
4th Circuit Vacates Labor Arbitration Award on Procedural Grounds
In Advantage Veterans Services of Walterboro, LLC v. United Steel Workers (4th Cir., No. 22-1268, 06/15/2023), the employer challenged an arbitration award in favor of the union stemming from the discharge of a union-represented employee. The trial court affirmed the...
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...