Tag Archives: Title VII

Civil Practice – Motion to Amend Judgment – Res Judicata (access required)

Zimmerman v. College of Charleston The arguments that plaintiff makes on her motion to alter or amend judgment – that res judicata did not apply because the time to appeal had not expired in her state court action and that defense counsel would have argued that she had no right to bring a Title VII action in state court – were available to plaintiff when defendant moved for summary judgment on the basis of res judicata. Fed. R. Civ. P. 59 does not give plaintiff a second bite at the apple.

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Labor & Employment – Civil Rights – Title VII – Sex Discrimination – Sexual Harassment – Stalking & Threats – Defamation (access required)

Dulaney v. Packaging Corp. of America A female production worker at a Roanoke packaging plant who alleges the male employee who supervised her shift sexually harassed her by stalking her, threatening her with disciplinary action if she did not have sex with him and told other employees she was a “whore” and had a sexually transmitted disease, can pursue her Title VII claim, as the 4th Circuit vacates summary judgment for the employer.

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