Recent decisions by U.S. Circuit Courts of Appeal

Recent decisions by U.S. Circuit Courts of Appeal
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Dissolution of a municipal board
U.S. 1st Circuit Court of Appeals, January 18, 2008
Gagliardi v. Sullivan, No. 06-2680 In a suit under 42 U.S.C. section 1983 alleging that the dissolution of a municipal board for failure to achieve the required state certification violated plaintiff's First and Fourteenth Amendment rights, dismissal for failure to state a claim is affirmed where: 1) plaintiff did not allege sufficient well-pleaded facts to demonstrate that defendants directly caused the board's decertification or, if one defendant indirectly caused the decertification through his inaction, that plaintiff's speech was a substantial or motivating factor behind such inaction; and 2) no defendant was responsible for the decision to decertify the board, thus they had no duty to provide plaintiff with notice or an opportunity to be heard. Read more...


Safe work environment
U.S. 5th Circuit Court of Appeals, January 15, 2008
McAteer v. Silverleaf Resorts Inc., No. 06-41725 The Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. sections 1001-1461, does not preempt state law claims of negligence for failing to maintain a safe work environment, even if the employee signs a waiver of such claims in order to participate in an ERISA plan. Read more...


Liability insurance policy
U.S. 6th Circuit Court of Appeals, January 16, 2008
Scottsdale Ins. Co. v. Flowers, No. 06-6385, 06-6412 In a declaratory judgment action arising from a coverage dispute, an order granting plaintiff-insurer's motion for declaratory judgment is affirmed over claims that the district court: 1) abused its discretion in exercising jurisdiction over the case pursuant to the Declaratory Judgment Act; and 2) erred in its determination that a therapist at a particular facility was not covered by the facility's liability insurance policy with the insurer for tort damages arising from the therapist's sexual affair with defendant-patient. Read more...


Deprivation of a liberty interest
U.S. 7th Circuit Court of Appeals, January 15, 2008
McMahon v. Kindlarski, No. 06-4274 In a suit under 42 U.S.C. sections 1983 and 1985 alleging that police officers conspired to deny plaintiff's rights under the Fourteenth Amendment, summary judgment for defendants is affirmed where plaintiff failed to establish a deprivation of a liberty interest in his assertion that an officer's statements caused pressure for him to leave a university and change career paths, and where plaintiff's protectable right to familial associations was not violated by the length of a custody hearing. Read more...


Family & Medical Leave Act
U.S. 7th Circuit Court of Appeals, January 15, 2008
Breneisen v. Motorola, Inc., No. 05-2032 In a suit alleging that defendants violated plaintiffs' right under the Family & Medical Leave Act, summary judgment for defendants is affirmed in part and reversed in part where: 1) one plaintiff offered evidence to show that the position he held before taking leave was eliminated only because he had taken leave and that he was demoted upon returning from leave; 2) an issue of material fact exists as to whether another plaintiff was denied a tuition reimbursement because of her use of FMLA leave; 3) the other plaintiffs failed to show that they were subjected to adverse actions or that actions were taken on account of their exercise of FMLA rights; and 4) all the plaintiffs' IIED claims failed because the plaintiffs were not subjected to extreme and outrageous conduct. Read more...


Sexual discrimination and retaliation
U.S. 7th Circuit Court of Appeals, January 16, 2008
Gates v. Caterpillar, Inc., No. 06-1606 In a suit alleging sexual discrimination and retaliation in violation of Title VII, summary judgment for defendant-employer is affirmed where: 1) plaintiff did not produce evidence that any protected conduct was a substantial or motivating factor in the defendant's decision to terminate her employment; 2) plaintiff could not show that her job performance was satisfactory; and 3) plaintiff failed to make a prima facie case of gender discrimination. Read more...


Freedom of association
U.S. 8th Circuit Court of Appeals, January 14, 2008
Morris v. City of Chillicothe, No. 06-3995 In a 42 U.S.C. section 1983 action claiming that a police chief, police department, a city, and city council members terminated plaintiff in retaliation for exercising his First Amendment right of freedom of association with an attorney, summary judgment for defendants is affirmed over claims that: 1) there was sufficient circumstantial evidence to show that defendants' firing motive was his retaining an attorney and that the reasons proffered by defendants were pretextual; and 2) the district court's erred in finding that he neither pleaded nor proved a right of access claim. Read more...


Directors of a nonprofit organization; volunteers not employees
U.S. 9th Circuit Court of Appeals, January 14, 2008
Fichman v. Media Ctr., No. 05-16653 In an action against a nonprofit organization raising claims under the Age discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), summary judgment for defendant is affirmed where: 1) directors of a nonprofit organization or independent volunteer producers may not be considered employees within the meaning of the statutes; and 2) consequently, plaintiff failed to raise a genuine issue of fact as to whether defendant had the sufficient number of employees to be considered an "employer" within the meaning of the statutes. Read more...


Racial discrimination and retaliation in employment
U.S. 11th Circuit Court of Appeals, January 17, 2008
Goldsmith v. Bagby Elevator Co, No. 06-14440 In civil rights action alleging racial discrimination and retaliation in employment, verdict for plaintiff is affirmed as defendant was not entitled to a judgment as a matter of law against plaintiff's claim of retaliation since there was sufficient evidence of a causal relation between the filing of his pending charge and later termination. Defendant's other claims regarding evidence, punitive damages, and attorney fees and costs are rejected. Read more...


Arbitrator’s jurisdiction to resolve the dispute
U.S. D.C. Circuit Court of Appeals, January 18, 2008
Howard Univ. v. Metro Campus Police Officer's Union, No. 07-7055 Judgment affirming arbitration award in favor of union representing campus police is affirmed over claim that the arbitrator did not have jurisdiction to resolve the dispute and, by excluding certain evidence relevant to the merits, made an error so egregious as to constitute "misconduct." Read more...