Cases
Reported Decisions: Plaisance v. Jefferson Parish School Board, 252 So.3d 996 (La. App. 5th Cir. 7/31/2018).
Elementary
middle school principals filed petition for damages
declarative
injunctive relief against school board, alleging breach of contract, following decision to demote or remove principals. The District Court, 24th District, Jefferson Parish, No. 721-681, DIVISION C , June B. Darensburg, J., entered partial final judgment confirming demotions
removals.
Garrison v. St. Charles General Hospital, 847 So.2d 688 (La. App. 4th Cir. 5/7/2003).
Writ granted rem
ing Hepatitis C class action
ordering trial court to address the Defendants' exception of cumulation of actions before ruling on class certification
to revisit exception of improper venue after or in conjunction with a hearing
ruling on class certification.
Chauvin v. Sisters of Mercy Health System, St. Louis, Inc., 818 So.2d 833 (La. App. 4th Cir.5/18/2002), writ denied, 825 So.2d 1194 (La. 9/30/2002).
Summary judgment dismissing 1963 blood transfusion recipient's strict liability
negligence claims against hospital for Hepatitis C affirmed by the Louisiana Appellate Court. The Court held that, in 1963, virus' presence in blood was unavoidably unsafe under the restatement of the Law of Torts 2d, precluding liability.
Arnolie v. Orleans Parish School Board, et al., 48 Fed.Appx. 917, 2002 WL 31115131 (5th Cir. 9/17/2002).
The Fifth Circuit determined that Arnolie's race discrimination claim was not brought timely, two unfavorable evaluations did not amount to adverse employment actions
school Principals were not employers as defined by Title VII.
Taylor v. Books A Million, Inc., 296 F.3d 376 (5th Cir. 7/15/2002).
In a race discrimination
retaliation case against Books A Million, Inc., the U.S. Fifth Circuit affirmed the district court's dismissal of plaintiff's claims under Fed. R. Civ. P. 12(b)(6). The case presented an issue of first impression for the Fifth Circuit regarding the timeliness of the filing of a lawsuit under Title VII after the presumed receipt of a notice of right to sue from the Equal Employment Opportunity Commission. Looking to the United States Supreme Court
other circuits, the Fifth Circuit adopted a seven-day presumption of receipt, where the date of receipt of the EEOC's notice of right to sue was unknown. Under this presumption, the plaintiff's case against Books A Million was filed one day too late.
Douglas v. Dyn McDermott Petroleum Operations Company, 144 F.3d 364 (5th Cir.6/18/1998), rehearing en banc denied, 163 F.3d 223 (5th Cir. 12/16/1998).
In-house counsel was terminated
sued claiming race discrimination
retaliation. Jury verdict on retaliation claim only reversed by the Fifth Circuit Court. No protection under Title VII for an in-house attorney who violated the Rules of Professional Conduct
disclosed confidential client documents
information to a third party under the guise of asserting her rights - no protected activity.
Cabrol v. Town of Youngsville, 106 F.3d 101, (5th Cir. 2/24/1997)
The Fifth Circuit held that summary judgment was properly granted in favor of employer where terminated employee alleged constitutional violations but lacked a sufficient property interest as an at-will employee
could have been terminated at any time.
Sherman v. RK Restaurants Holdings, Inc., 2014 WL 4540023 (E.D. La. 9/11/2014)
Motion to Stay Pending Arbitration granted under the Federal Arbitration Act
the parallel state law in a race
religious discrimination, defamation, intentional infliction of emotional distress,
wage claim action removed to Federal Court. Arbitration Agreement signed by Executive Chef at inception of employment agreeing to submit all claims, including wage, tort
discrimination claims, enforced. Court rejects an unconscionable argument,
finds that the FAA preempts a state law that prohibits choice of forum clauses
that the claims fall within the scope of the clear terms of the Arbitration Agreement.
Christina v. Stein,2003 WL 22966366 (E.D. La. 12/12/2003).
Rule 12 (b)(6) Motion to Dismiss individual supervisory defendants (Board President
Executive Director) in Age Discrimination in Employment Act (ADEA) suit filed by employee of retirement facility.
Barber v. Marine Drilling Mgmt., Inc., 2002 WL 237848 (E.D. La. 2/15/2002).
Rule 12(b)(6) Motion to Dismiss granted in sexual harassment, defamation, intentional infliction of emotional distress
state law whistle-blower case. Allegations did not appropriately satisfy that the conduct at issue was because of sex or that the conduct was so severe
pervasive as to constitute hostile environment discrimination under Title VII
La. R.S. 23:301. The state law claims were dismissed for failure to state the necessary elements.
Santee v. Windsor Court Hotel Ltd., Pshp., 2000 WL 1610775 (E.D. La. 10/26/2000).
Refusal to hire because of plaintiff's hair color dismissed on summary judgment, as plaintiff did not comply with employer's grooming st
ards. The court found no basis for constitutional or Title VII race discrimination claims, as no state action was involved
hair color was not a protected class.
