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Posts from September 2006.

In Leon v. IDX Sys. Corp., the Ninth Circuit Court of Appeals (considered one of the more liberal, employee-friendly circuits) issued an opinion on September 20 upholding the lower court’s dismissal of a whistleblower claim as a discovery sanction. The sanction also included a directive that the plaintiff, Mauricio Leon, pay $65,000 to IDX.

Leon was the former technology director ...

On August 24, the Sixth Circuit issued an opinion affirming summary judgment in favor of Ford Motor Company. In Long v. Ford Motor Company, the plaintiffs, Donald Long (Black) and Manuel Pedro (Hispanic), alleged that they had been subjected to a racially hostile working environment based on the occasional use of racial epithets by their co-workers. Long’s claim was based on the ...

On August 24, the Third Circuit Court of Appeals affirmed summary judgment for the employer in a particularly interesting FMLA case. In Sommer v. Vanguard Group, the plaintiff, a financial administrator who missed two months of work on FMLA-covered leave, claimed that his employer violated the FMLA by prorating his annual bonus. Under Vanguard’s “partnership plan,” bonuses ...

On September 7, a federal court in Massachusetts dismissed the wrongful discharge lawsuit of an ex-Tyco Electronics Co. employee, James Plasse, as a discovery sanction, after the judge learned Plasse had intentionally destroyed a document on his laptop that had been requested in discovery. Specifically, Tyco claimed that Plasse had falsely claimed on his resume to have an MBA from ...

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