News & Analysis as of

Motion to Dismiss Wrongful Termination

ArentFox Schiff

Disney Uses First Amendment ‘Right Not To Associate’ In Motion to Dismiss Mandalorian Lawsuit

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The First Amendment permits employers engaged in artistic expression to disassociate from employees who make inflammatory statements, Disney argued in a recent motion to dismiss a lawsuit brought by Gina Carano, an actress in...more

Foley & Lardner LLP

Court Denies Motion to Dismiss Suit Alleging that Franchisor Was a Joint Employer

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In Acuff v. Dy N Fly, LLC, four female plaintiffs sued a franchisor of hair salons (Dy N Fly), two of its franchisees, and the owner of the two franchisees for wrongful retaliatory termination and sexual harassment in the...more

Lewitt Hackman

Franchisor 101: No Tax on Renewals

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A federal court in Virginia denied tax franchisor, Liberty Tax’s, motion to dismiss complaints by two of its area developers (“ADs”). The ADs claimed Liberty Tax breached their contract for wrongfully terminating, failing to...more

Manatt, Phelps & Phillips, LLP

Texas Court Tosses Employee Challenge to Vaccine Mandate

A Texas federal court dismissed a lawsuit brought by hospital employees who challenged their employer’s requirement that they receive the COVID-19 vaccine or be terminated, rejecting the argument that the requirement set the...more

Fox Rothschild LLP

Federal Court Upholds Hospital’s COVID-19 Vaccination Mandate

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In the first ruling of its kind nationwide, a federal court in Texas has upheld a hospital’s policy requiring employees to be vaccinated against COVID-19 as a condition of continued employment... ...more

Manatt, Phelps & Phillips, LLP

Employee’s EPSLA Claim Survives Motion to Dismiss

An employee who was fired after a positive COVID-19 test can pursue a claim of wrongful termination under the Emergency Paid Sick Leave Act (EPSLA), a federal court in Texas has ruled. ...more

Husch Blackwell LLP

[DISMISSED]: First Lawsuit Filed Challenging Private Employer-Mandated COVID-19 Vaccine

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UPDATE: On June 12, 2021, the hospital’s motion to dismiss this lawsuit in its entirety was granted. The Court found that the hospital’s policy of mandating the COVID-19 vaccine aligned with its business of saving lives...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in North Carolina Tackles Associational Discrimination Claim Brought by Teacher With Disabled Son

On February 26, 2020, in the case of Schmitz v. Alamance-Burlington Board of Education, the United States District Court for the Middle District of North Carolina granted in part and denied in part a motion to dismiss claims...more

Proskauer - California Employment Law

Defamation and Wrongful Termination Claims Against the Los Angeles Times Were Properly Dismissed

Rall v. Tribune 365, LLC, 2019 WL 6887261 (Cal. Ct. App. 2019) - Frederick Theodore Rall III, a political cartoonist and blogger, sued the Los Angeles Times after it published a “note to readers” and (later) a more...more

Genova Burns LLC

New Jersey Federal Court Forces a Software Company to Confront the Question at Trial: Did Your Employee Quit or Was He Fired?

Genova Burns LLC on

On May 23, 2019, the New Jersey District Court in Kunal Shah v. Meditab Software, Inc. refused to dismiss the retaliation claim of a software company’s former Chief Executive Officer, even though he notified the company of...more

Proskauer - California Employment Law

LA Times Wins Lawsuit Against Former Freelancer

The California Court of Appeal affirmed dismissal of a former freelancer’s defamation and employment-related claims against the Times. Frederick Theodore Rall III, a political cartoonist and blogger for the paper, brought...more

Seyfarth Shaw LLP

EEOC Argues that Sexual Orientation Discrimination by a Heterosexual Person can Constitute a Protected Activity

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In her appeal to the Fifth Circuit, Plaintiff Bonnie O’Daniel argues that the trial court wrongly concluded that it was unreasonable for O’Daniel to believe that a complaint about discrimination based on sexual orientation...more

Jackson Lewis P.C.

EEOC’s Notice Pleading Survives Motion To Dismiss In Failure To Accommodate And Wrongful Termination Suit

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A North Carolina district court recently declined to dismiss a failure to accommodate and wrongful termination action brought by the EEOC on behalf of a patient accounts representative in EEOC v. Advance Home Care, Inc....more

Seyfarth Shaw LLP

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

Seyfarth Shaw LLP on

Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

Proskauer - Whistleblower Defense

N.D.N.Y. Refuses to Dismiss Dodd-Frank Whistleblower Claim

The Northern District of New York recently denied a Rule 12(b)(6) motion to dismiss a former employee’s Dodd-Frank whistleblower retaliation claim, finding that the plaintiff sufficiently alleged that he had an objectively...more

Proskauer - Whistleblower Defense

E.D. Virginia Tosses Dodd-Frank Whistleblower Claim for Lack of SEC Complaint

The U.S. District Court for the Eastern District of Virginia recently granted a Rule 12(b)(6) motion to dismiss a Dodd-Frank whistleblower retaliation claim brought by an ex-project manager, finding that Plaintiff failed to...more

Proskauer - Whistleblower Defense

The Northern District of New York Applies the “Reasonable Belief” Standard

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...more

Genova Burns LLC

District of New Jersey Ruling Leaves Employers High and Dry as to Guidance on Dealing with Medical Marijuana Users

Genova Burns LLC on

On February 21, 2017, the District of New Jersey dismissed a wrongful termination lawsuit by a medical marijuana user who claimed that the employer failed to accommodate his disability in violation of the New Jersey Law...more

Seyfarth Shaw LLP

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Shaw LLP on

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Stinson LLP

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

Stinson LLP on

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

Carlton Fields

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

Carlton Fields on

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

Proskauer - Whistleblower Defense

Wisconsin District Court Follows 5th Circuit: Internal Tipsters Are Not Considered “Whistleblowers” Under Dodd-Frank

On August 12, 2016, the U.S. District Court for the Eastern District of Wisconsin in Lamb v. Rockwell Automation Inc., No. 15-CV-1415-JPS (E.D. Wis. Aug. 12, 2016) held that the Dodd-Frank whistleblower protection provision...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Franczek P.C.

Illinois Appellate Court Decisions Addresses Important Student Discipline and Employment Issues for Public Schools

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Earlier this month, the Illinois Appellate Court (First District) issued an opinion addressing a number of important student discipline and executive employment issues. Because the Appellate Court agreed with the trial court...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 2

Gray Reed on

It is easy to see how this applies to your straightforward defamation case assuming the defendant engaged in the “exercise of the right of free speech” which means “a communication made in connection with a matter of public...more

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