April 06, 2007

Table of Contents

LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL RIGHTS, GOVERNMENT LAW, HEALTH LAW, LABOR & EMPLOYMENT LAW
• Andreoli v. Gates

CIVIL PROCEDURE, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, PROPERTY LAW & REAL ESTATE
• Ehleiter v. Grapetree Shores, Inc.

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LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL RIGHTS, GOVERNMENT LAW, HEALTH LAW, LABOR & EMPLOYMENT LAW
Andreoli v. Gates, No. 05-5417
In an action against employer-agency raising Title VII claims for hostile work environment and retaliation, and a Rehabilitation Act claim for failure to provide reasonable accommodation, summary judgment for employer is affirmed in part and reversed in part where: 1) summary judgment on the hostile work environment claim was error as a reasonable juror could find that management failed to take prompt and adequate remedial action after learning of alleged harassment against plaintiff; 2) the retaliation claim failed as plaintiff failed to proffer sufficient evidence to allow a reasonable juror to find a causal link between her protected employment activities and the alleged adverse employment actions; and 3) under the evidence at hand, a reasonable juror could not find that plaintiff is "disabled" within the meaning of the Rehabilitation Act. Read more...

CIVIL PROCEDURE, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, PROPERTY LAW & REAL ESTATE
Ehleiter v. Grapetree Shores, Inc., No. 06-2542
In a personal injury action brought by a casino employee against property owner in the Virgin Islands, denial of defendant's motion to stay proceedings pending arbitration is affirmed where: 1) section 16(a)(1)(A) of the Federal Arbitration Act (FAA) conferred appellate jurisdiction over the matter; 2) the issue of whether a party seeking arbitration has waived its right thereto by litigating the case in court remains a question for the trial court to decide, rather than an arbitrator, in the wake of relevant Supreme Court cases; and 3) defendant waived any right it had to arbitrate by actively litigating the case before the superior court for nearly four years. Read more...