Justia Contracts Opinion Summaries
Articles Posted in Labor & Employment Law
McCarthy v. Ameritech Publ’g, Inc.
McCarthy worked at Ameritech, a wholly owned subsidiary of AT&T, until her position was terminated in 2008 as part of a reduction in forces. She sought to retire at that time to care for her ailing husband, but Ameritech allegedly told her that she was not eligible to receive post-retirement healthcare benefits, on which her husband depended. She elected to continue working through the company’s Employment Opportunity Pool for another nine months, until she turned 65 and retired with benefits. She then filed suit alleging, among other things, age and sex discrimination. After Ameritech admitted that McCarthy was, in fact, entitled to post-retirement healthcare benefits when it terminated her position in 2008, she amended her suit to add a claim for fraudulent inducement. The district court awarded summary judgment, rejecting the merits of each claim. The Sixth Circuit reversed in part. McCarthy may present her fraudulent-inducement claim to a jury. The district court properly awarded summary judgment to the defendants on each of the other claims View "McCarthy v. Ameritech Publ'g, Inc." on Justia Law
Cherry, Jr. v. Mayor and City Council of Baltimore City
Plaintiffs, active and retired Baltimore police officers and firefighters who participate in a public pension plan, challenged the City's decision changing the manner in which annual increases to pension benefits are calculated. Plaintiffs claimed that the substitution of a cost-of-living adjustment for a "variable benefit" violates the members' rights under the Contract Clause and the Takings Clause. The court concluded that the members' rights under the Contract Clause were not impaired because the members retained a state law remedy for breach of contract. Accordingly, the court vacated the district court's judgment with respect to the City's elimination of the variable benefit. The court affirmed the district court's decision upholding the remaining portions of the ordinance at issue, and vacated the district court's order dismissing the Takings Clause claim. The court remanded for further proceedings. View "Cherry, Jr. v. Mayor and City Council of Baltimore City" on Justia Law
Christiansen v. County of Douglas
Beginning in 1974, Douglas County’s retired employees paid the same amount as active employees for health insurance coverage. In 2009, the County Board of Commissioners adopted a resolution that charged retirees premiums that were higher than the rate paid by active employees. Shortly before the change was to take effect, retired employees of the County (Plaintiffs) sued the County. The district court entered judgment in favor of Plaintiffs, concluding that equitable estoppel prohibited the County from increasing the premiums to be paid by the retirees above those paid by active employees. The Supreme Court reversed, holding that because the retirees had no contractual right to pay the same premiums as active employees, the district court erred in using equitable estoppel to create such a contractual obligation. Remanded with direction to enter judgment for the County on Plaintiffs’ claims. View "Christiansen v. County of Douglas" on Justia Law
Knitter v. Picerne Military Housing
Lisa Knitter worked as a "handyman" for Lewis General Contracting, Inc. (LGC) from March to October 2010. During this time, LGC's sole client was Picerne Military Housing, LLC (Picerne), now known as Corvias Military Living, LLC. Knitter performed handyman services exclusively on Picerne properties. She sued Picerne under Title VII of the Civil Rights Act of 1964, alleging: (1) she was paid lower wages than her male counterparts; (2) Picerne effectively fired her in retaliation for her complaints of sexual harassment and wage discrimination; and (3) after she was fired, Picerne denied her application for vendor status in retaliation for her prior complaints of discrimination. The district court granted summary judgment to Picerne, dismissing Knitter's Title VII action because Picerne was not her employer. The district court also dismissed her claim for retaliatory denial of vendor status because Knitter did not apply for employment with Picerne when she applied to be a vendor. Knitter appealed to the Tenth Circuit Court of Appeals. Finding no reversible error, however, the Tenth Circuit affirmed.
View "Knitter v. Picerne Military Housing" on Justia Law
Johnmohammadi v. Bloomingdale’s, Inc.
Plaintiff filed a class action suit to recover unpaid overtime wages from her former employer, Bloomingdale's. The district court granted Bloomingdale's motion to compel arbitration, determining that shortly after being hired by Bloomingdale's, plaintiff entered into a valid, written arbitration agreement and that all of her claims fell within the scope of that agreement. The court concluded that plaintiff had the right to opt out of the arbitration agreement, and had she done so she would be free to pursue this class action in court. Having freely elected to arbitrate employment-related disputes on an individual basis, without interference from Bloomingdale's, she could not claim that enforcement of the agreement violated either the Norris-LaGuardia Act, 29 U.S.C. 101 et seq., or the National Labor Relations Act, 29 U.S.C. 151 et seq. The court concluded that the district court correctly held that the arbitration agreement was valid and, under the Federal Arbitration Act, 9 U.S.C. 1 et seq., it must be enforced according to its terms. The court affirmed the judgment of the district court. View "Johnmohammadi v. Bloomingdale's, Inc." on Justia Law
Davis v. Nordstorm, Inc.
Plaintiff filed a class action suit alleging that Nordstrom violated various state and federal employment laws by precluding employees from bringing most class action lawsuits in light of AT&T Mobility LLC v. Concepcion. Nordstrom, relying on the revised arbitration policy in its employee handbook, sought to compel plaintiff to submit to individual arbitration of her claims. The district court denied Nordstrom's motion to compel. The court concluded that Nordstrom satisfied the minimal requirements under California law for providing employees with reasonable notice of a change to its employee handbook, and Nordstrom was not bound to inform plaintiff that her continued employment after receiving the letter constituted acceptance of new terms of employment. Accordingly, the court concluded that Nordstrom and plaintiff entered into a valid agreement to arbitrate disputes on an individual basis. The court reversed and remanded for the district court to address the issue of unconscionably. View "Davis v. Nordstorm, Inc." on Justia Law
Creech, Inc. v. Brown
After Donald Brown had worked for Charles T. Creech, Inc. for more than sixteen years, Creech asked Brown to sign an agreement that contained a non-compete provision. Brown signed the agreement. After Brown went to work for Standlee Hay Company, Creech sued Brown and Standlee, alleging, inter alia, breach of contract, intentional interference with a contract, intentional interference with existing, and prospective business contacts. The trial court issued a temporary injunction enjoining Brown from directly or indirectly competing with Creech and from using information regarding Creech’s customers. The court of appeals determined that the trial court abused its discretion in issuing the temporary injunction, and the trial court subsequently granted summary judgment in favor of Standlee and Brown. The court of appeals reversed, concluding that issues of fact remained as to whether the non-compete portion of the agreement was enforceable. The Supreme Court reversed, holding that the agreement was not enforceable. View "Creech, Inc. v. Brown" on Justia Law
Jefferson County Bd. of Educ. v. Hon. Brian C. Edwards
A former teacher, Terum Hopper, filed a wrongful termination action against the Jefferson County Board of Education. The Board moved for summary judgment, arguing that Hopper’s tort claims were barred by governmental immunity and that Hopper was required to pursue the administrative remedies set forth in Ky. Rev. Stat. 161.790 to challenge the termination of his employment contract. The trial court granted the summary judgment motion as to the governmental immunity claims but denied the motion as to the breach of contract claims, declaring that Hopper was entitled to file suit on these claims rather than pursue administrative remedies. The Board sought a writ prohibiting the lower court from trying Hopper’s breach of contract claims. The court of appeals denied the writ, concluding that the circuit court had subject matter jurisdiction over the claims and that the Board had an adequate remedy. The Supreme Court reversed and granted the writ, holding that because Hopper filed an action in the circuit court without first exhausting the administrative remedies provided in section 161.790, the circuit court did not have subject matter jurisdiction to hear his claim. View "Jefferson County Bd. of Educ. v. Hon. Brian C. Edwards" on Justia Law
Furtula v. Univ. of Ky.
Appellants, two employees of the University of Kentucky, sued the University, claiming that the University breached contractual obligations to provide them with benefits under a long-term disability compensation program adopted by the University. The circuit courts denied the University’s motions to dismiss on grounds of sovereign immunity. The court of appeals reversed both circuit court decisions, holding that the University was entitled to governmental immunity. Appellants appealed, arguing that the documents of the University establishing the long-term disability compensation program constituted a written contract falling within the waiver of governmental immunity set forth in Ky. Rev. Stat. 45A.245. The Supreme Court affirmed, holding that Appellants’ claims were not based upon a written contract with the University, and therefore, sovereign immunity remained a valid affirmative defense under the circumstances of this case. View "Furtula v. Univ. of Ky." on Justia Law
Abdallah v. Bain Capital, LLC
Plaintiff worked in a luggage factory in France that was owned by Samsonite. Samsonite was controlled by an investment group led by Bain Capital, LLC. Bain wanted to shut down the factory, and to avoid paying millions of dollars in post-termination benefits to the laid-off employees of the factory, Bain and Samsonite hired a third party, HB Group, to buy the factory. In 2007, a French court ordered the judicial liquidation of the factory. Because HB Group had no resources to pay Plaintiff and her coworkers, Plaintiff commenced this putative class action in 2012 seeking to hold Bain liable for losses suffered by the factory’s workers as a result of the sale and liquidation. The district court dismissed the complaint as untimely under the relevant three-year statute of limitations. The First Circuit affirmed, holding that there was no basis to conclude that the statute of limitations was tolled in this case. View "Abdallah v. Bain Capital, LLC" on Justia Law