Post-Trial Motions

Yes, post-trial motions and collections of World War II carrier aircraft are both favorite topics of mine, but that’s not why you’re seeing a collection of TBD-1s at the top of this post. You’re seeing it because the process of researching and building multiple iterations of the same subject but each with its own variations is analogous to Judge Sean Jordan’s order resolving multiple post trial motions in this 10-plaintiff employment discrimination case, which required careful analysis of the evidence adduced at trial as to each claim against each defendant.

FRCP 12(c) Motion to Dismiss Recommended Granted in Part

Motions to dismiss pursuant to FRCP 12(c) are not the most favored motions in the world. For that reason, this EDTX order arising out of the world of college basketball granting one in part is helpful to practitioners because it shows the type of grounds that can be successful across a variety of claims. Although, in fairness, it might be better categorized as showing the arguments that are likely to be unsuccessful.

Competing Summary Judgment Motions in Pay Disparity Case

This is a particularly interesting opinion resolving multiple competing summary judgment motions in an employment case against a county brought by a female doctor who discovered she was being paid less than a subsequently hired male doctor.  What makes this case interesting is that the EEOC filed suit against the county on behalf of the doctor, and then the EEOC, and the county filed cross motions for summary judgment against each other as well as against the doctor. 

Summary judgment granted in part in age discrimination case

Depending on the facts involved, a plaintiff asserting unlawful discrimination can allege an unfavorable action (termination, failure to promote, etc.), retaliation and harassment.  In this case the plaintiff claimed all three, and Defendant sought summary judgment as to all three.  In his report and recommendation on the motion, attached, Judge Payne recommended that it be granted as to two of the claims, and denied as to the third, writing that