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...
