LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, CIVIL RIGHTS, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW
• Richardson v. Comm'n on Human Rights & Opportunities

CIVIL PROCEDURE, CIVIL RIGHTS, ERISA, INSURANCE LAW, LABOR & EMPLOYMENT LAW
• Paneccasio v. Unisource Worldwide, Inc.

LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, CIVIL RIGHTS, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, LABOR & EMPLOYMENT LAW
Richardson v. Comm'n on Human Rights & Opportunities, No. 06-0474
In a suit alleging discrimination and retaliation against plaintiff's former employer and her union, summary judgment for defendants is affirmed where: 1) the law governing contracts that purport to release or waive Title VII rights is independent of the law governing employer actions taken in retaliation for, and intended to deter, employee opposition to unlawful employment practices; 2) a union may contract to limit an employee's legal recourse by agreeing to either arbitrate or file a charge; and 3) union's decision to adhere to the election of remedies provision by withdrawing the arbitration after plaintiff filed her claim with the CHRO was non-discriminatory. Read more...

CIVIL PROCEDURE, CIVIL RIGHTS, ERISA, INSURANCE LAW, LABOR & EMPLOYMENT LAW
Paneccasio v. Unisource Worldwide, Inc., No. 06-3950
In an action alleging violations of the Age Discrimination in Employment Act (ADEA) and ERISA arising after plaintiff's former employer terminated his deferred compensation plan, paid him deferred income, and ended his life insurance benefit, summary judgment for defendant is affirmed where: 1) "top hat plans", such as the one plaintiff participated in, are exempt from ERISA's provisions; 2) defendant's decision to terminate the plan was not arbitrary or capricious; 3) there was no evidence that plaintiff was induced into early retirement or that defendants anticipated an early termination of the plan; 4) plaintiff's ADEA claim was time barred and not subject to tolling; and 5) dismissal of plaintiff's state law claims was proper. Read more...