an update for the week of may 15, 2006
this week in the courts
Garrett v. Circuit City Stores, Inc.  (Fifth Circuit; No. 04-11360)
Decision Date: May 11, 2006
Claims brought under Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the employment rights of members of the armed forces, are subject to arbitration under the Federal Arbitration Act (FAA).

Valentin v. Mun. of Aquadilla  (First Circuit; No. 04-2413)
Decision Date: May 9, 2006
Denial of defendants' motions for judgment notwithstanding the verdict, remitittur, and new trial in a Title VII case is affirmed where: 1) evidence supported claims of harassment and retaliation; 2) defendants waived right to certain instructions and forms; 3) defendants did not object to due process jury instructions; and 4) statute of limitations was tolled.
Hite v. Vermeer Mfg. Co.  (Eighth Circuit; No. 05-2297)
Decision Date: May 9, 2006
Denial of post-trial motions made by defendants, employer and supervisor, following a jury verdict and awards in favor plaintiff on her claim of retaliation in violation of the Family Medical Leave Act (FMLA) is affirmed over challenges to: 1) a finding that there was sufficient evidence of FMLA retaliation; 2) a finding that there was sufficient evidence to support an award of liquidated damages plus interest; and 3) a refusal to reduce a back pay award.
Moran v. Selig  (Ninth Circuit; No. 04-55647)
Decision Date: May 9, 2006
Summary judgment for defendants on Title VII and battery claims brought by former professional baseball players alleging racial discrimination in the provision of medical and supplemental income benefits to certain retired African-American players is affirmed where: 1) plaintiffs failed to make a prima facie showing of discrimination under Title VII; 2) alternatively, defendants had a legitimate non-discriminatory reason for the actions they took and such reason was nonpretextual; and 3) plaintiffs failed to offer evidence of the commission of a battery sufficient to survive summary judgment.
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