Sixth Circuit Affirms Dismissal of Company’s Claims Outside CBA
In Adamo Demolition Company v. International Union of Operating Engineers (6th Cir., No. 20-1163, 07/02/2021), the Company sued the Union and its president for various tort claims arising out of a dispute over staffing one of the Company's projects. The trial court...
Sixth Circuit Affirms – and Reverses – Summary Judgment Decision of Tennessee Middle District
In Wyatt v. Nissan North America, (6th Cir., No. 20-5021, 05/28/21), Plaintiff Wyatt, a Project Manager for Nissan, appealed the decision of Judge Richardson of the Middle District of Tennessee, which had granted summary judgment as to Wyatt's various employment...
Sixth Circuit Reverses Summary Judgment on HR Director’s Title VII Retaliation Claim
In Jackson v. Genesee County (MI) Road Commission (6th Cir., No. 20-1334, 05/27/2021) the plaintiff Jackson served as the Human Resources Director for the defendant Genesee County Road Commission (GCRC). Jackson claimed the GCRC discharged her in retaliation for her...
Sixth Circuit Rules Union Retiree Health Benefits Not Arbitrable
In United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO-CLC v. LLFlex, LLC, 2021 WL 1123301 (6th Cir., March 24, 2021), the Sixth Circuit, in a split decision, held that a dispute between a...
Sixth Circuit Holds FCA Retaliation Applies Post-Termination
In Felten v. William Beaumont Hospital (6th Cir., No. 20-1002, March 31, 2021), Felten sued the employer hospital under the False Claims Act (“FCA”), alleging payment of kickbacks to physicians in exchange for Medicare and Medicaid referrals. He alleged...
“Manifest Disregard” Argument Fails in Fifth Circuit Court of Appeals
In Jones v. Michaels Stores, Inc., (5th Cir., No. 20-30428, 3/15/2021), Jones invoked arbitration with her employer after she was fired, alleging violations of the company handbook. The arbitrator dismissed her claim based on Jones’ status as an employee-at-will....