EmploymentLaw

ilsteam
June 25, 2018

Court Grants Defendant’s Motion to Compel Discovery in Sexual Harassment Case

In Lassiter v. Hidalgo Medical Services (No. 17-cv-0850JCH/SMV, United States District Court, D. New Mexico, May 16, 2018), the United States District Court of New Mexico ruled on the Defendant’s motion to compel the production of a day planner in an employment retaliation case. The Plaintiff filed a lawsuit against her former employer, Hidalgo Medical

ilsteam
May 31, 2018

Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions

In the lawsuit Heggen v. Maxim Healthcare Servs., Inc., a former employee of Maxim Healthcare Services (Maxim) filed a lawsuit over alleged sexual harassment and retaliation. Maxim, the defendant, is a provider of temporary medical staff, home health care and wellness services. Plaintiff, who was employed at the company as a home health care aide,

ilsteam
May 4, 2018

No Spoliation by US Department of Labor Based on Sovereign Immunity

In O’Toole v. Acosta, No. 14-cv-2467, (N.D. Illinois, 2018), Plaintiff Thomas O’Toole sued his former employer, the Department of Labor (“DOL”), for alleged spoliation of evidence under the Federal Tort Claims Act (“FTCA”). Defendant moved for summary judgment. Plaintiff worked for DOL’s Bureau of Labor Statistics (“BLS”) as a statistician from February 2012 to August

ilsteam
April 11, 2018

Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions

In Lee v. Trees, Inc., No. 3:15-cv-0165-AC, (Dist. Ct. D. Oregon, 2017) the Court considered a motion requesting sanctions against a party accused of fabricating evidence in a sexual harassment case. Plaintiff Sarah Lee (“Lee”) was working as a flagger for employer and Defendant Trees, Inc. (“Trees”), a logging company, when, in May 2013, she

ilsteam
February 7, 2018

Court Denies Motion For Corporate Email, ESI as Premature For Failure to Comply With Meet & Confer Requirements

Kellgren v. Petco Animal Supplies, Inc., No. 3:13-cv-644L-KSC, (S.D. Cal. March 10, 2017) is a collective litigation in which plaintiffs Erik Kellgren (“Kellgren”) and others employed as Assistant Managers in Defendants’ stores claim to have been misclassified as “exempt” from the overtime provisions of the Fair Labor Standards Act (“FLSA”). The central issues in the case relate

ilsteam
January 19, 2018

Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails

In Nunnally v. Dist. of Columbia, 243 F. Supp. 3d 55 (D.C. 2017), the Court granted in part and denied in part Plaintiff’s motion for sanctions due to spoliation of evidence by Defendant. In 2004, Ronda Nunnally (“Nunnally”), a Lieutenant in the District of Columbia Metropolitan Police Department (“MPD”), filed a complaint with MPD alleging sexual