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Posts from August 2007.

In a 2-1 decision, the NLRB held that the “Staff Complaint Process” program instituted by Syracuse University in January 2003 as a method of addressing certain work-related complaints of its unrepresented employees was not a “labor organization” under the National Labor Relations Act (“Act”).

Under the program, an employee who was issued disciplinary action for ...

In the recent Sixth Circuit case of Bryson v. Regis Corp., 6th Cir., No. 06-5137, (8/16/07), the Court revived the Plaintiff’s FMLA claim. The Plaintiff, Karen Bryson, had worked for more than 15 years at a Supercuts hairstyling shop in Lexington, Kentucky. Bryson eventually developed knee problems which required surgery. When Bryson informed her area manager of her knee problems ...

On August 6, the Seventh Circuit issued an opinion in which it rejected an employee’s claim -- brought under the FMLA -- that she was entitled to receive full-duty pay for the time she spent working in a light-duty assignment. The employee, Susan Hendricks, was employed by Compass Group USA Inc. as a utility driver. After sustaining a rotator cuff injury at work, she was reassigned to a ...

Posted in Litigation

The courthouse door became a little harder for antitrust plaintiffs to open last Supreme Court term, thanks to the decision in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007). The Supreme Court held that, notwithstanding the liberal notice pleading standards under the Federal Rules of Civil Procedure, plaintiffs claiming unlawful conspiracies in restraint of trade under Section 1 of the Sherman Act cannot merely allege anticompetitive parallel business conduct to survive a motion to dismiss. Such complaints must be dismissed when they fail to allege facts establishing an actual conspiracy, as opposed to merely parallel business conduct.

The changing faces of the Supreme Court have not changed the Court’s stance on predatory conduct. Under a previous Supreme Court decision, a plaintiff bringing a claim under Section 2 of the Sherman Act based on predatory pricing must show that its competitor was operating its business at a loss and such competitor was likely to recoup those losses after it had driven its fellow ...

On June 29, the U.S. Supreme Court overturned the per se prohibition on vertical restraints. Under this rule which has been in existence for 96 years since Dr. Miles Medical Company v. John D. Park & Sons, Co., resale price maintenance agreements were per se illegal. Under the per se rule no justification is allowed since the conduct “always or almost always tends to restrict ...

In a case of first impression in the Sixth Circuit, a Michigan District Court judge ruled on July 25 that neither compensatory nor punitive damages are available on claims alleging retaliation under the ADA. Section 12203(a) of the ADA prohibits retaliation against an individual “because such individual has opposed any act or practice made unlawful” by the ADA. However, the ...

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