Recently in Employment Law Category

In an action claiming that defendant-employer violated the Americans with Disabilities Act (ADA) by terminating plaintiff based on her failure to pass a physical capacity evaluation, summary judgment for defendant is reversed where the district court erred in holding that the evaluation was not a medical examination within the meaning of 42 U.S.C. section 12112(d)(4)(A).

Read Indergard v. Georgia-Pacific Corp., No. 08-35278

Appellate Information

Filed September 28, 2009

Judges

Opinion by Judge Garwood

In an action by guest workers claiming that defendant violated the Fair Labor Standards Act (FLSA) by failing to reimburse plaintiffs for recruitment, transportation, and visa expenses they incurred before relocating to the U.S., denial of Defendant's motion for summary judgment is reversed where the FLSA does not require an employer to reimburse any of these expenses.

Read Castellanos-Contreras v. Decatur Hotels LLC, No. 07-30942

Appellate Information

Filed July 21, 2009

Judges

Opinion by Judge Jolly

In a Title VII action claiming racially discriminatory termination, summary judgment for Defendant is affirmed in part, where Plaintiff offered only speculative inferences to support his assertion that Defendant knew about Plaintiff's prior EEOC complaints; but reversed in part, where Plaintiff was similarly situated with a white employee who was not terminated.

Read Lee v. Ks. City S. Railway Co., No. 08-30444

Appellate Information

Filed June 30, 2009

Judges

Opinion by Judge Wiener

In an ERISA action to recover accidental death insurance relating to an airplane crash, summary judgment for Defendant-Insurer is affirmed, where the plan administrator did not abuse its discretion in finding that the crash was caused by the pilot's intoxication.

Read Dutka v. AIG Life Ins. Co., No. 08-20515

Appellate Information

Filed June 25, 2009

Judges

Opinion by Judge Higginbotham