Kimberly Ellerth worked in Burlington’s Chicago office from March 1993 through May 1994, first as a merchandising assistant and later as a sales representative. Theodore Slowik was a New York based Vice-President of sales and marketing, supervising Ellerth’s immediate supervisors. Slowik made primarily the decision as to Ellerth’s hire and subsequent promotion. Ellerth spoke with Slowik when he traveled to her Chicago office and when she traveled to business related conferences in New York and elsewhere. Ellerth was required to get Slowik’s approval of special sales to her customers. Soon after Ellerth began working for Burlington, Slowik began to subject Ellerth to harassing acts and comments, coupled with threats that her refusal to submit would result in retaliation. For example, in the summer of 1993, Slowik made a series of comments about Ellerth’s legs and breasts. Ellerth never gave Slowik’s any indication that she was interested in him. Nonetheless, he continued to subject her to unwanted touching of her body. Ellerth resigned soon after Slowik refused to authorize a special project for one of Ellerth’s customers. Three weeks after resigning, Ellerth informed Slowik’s supervisors at Burlington that she had resigned due to Slowik’s harassment. She testified that she did not complain about Slowik’s harassment while still employed by Burlington because she feared for losing her job.…
Issue: Did the court of appeals use the right “standard of review” to change the jury’s facts of who was liable and who was at fault.…
DECISION: The federal district court granted CTG’s motion to enter a default judgment. The U.S. Court of Appeals for the Ninth Circuit affirmed the judgment of the lower court. Therefore, the appellate court held that “in light of Brotby’s horrible record of discovery abuses” and his “abiding contempt and continuing disregard for the court’s orders,” the lower court properly exercised its discretion in entering a default judgment against the defendant.…
a. What issue was address in the US Supreme Court cases of Baker v. Carr and Reynolds v. Sims and what phrase did they use to justify their decision? (523-24)…
• McKennon v. Ashville Banner Publishing Company: Progression of the after –Acquired Evidence Doctrine, by Lauren L Logan…
In the case of Auto Workers V. Johnson Controls, the Plaintiffs brought a class action suit against Johnson Control in federal district courts over illegal sex discrimination under Title VII. The district court entered a summary judgment for Johnson Controls. The court of appeals affirmed the district court’s decision, leading the plaintiff to then appeal to the U.S. Supreme Court. J. Blackmun delivered the opinion of the court in which Marshall, Stevens, O’Connor, and Souter joined. J. White filed an opinion concurring in part and concurring in judgment, in which Rehnquist and Kennedy joined. J. Scalia filed an opinion concurring in judgment. Case was decided in March 20, 1991.…
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.…
Mark Crossman, Appellant v. The Brick Tavern, Inc. et al, Defendants, Tribune Publishing Co., Respondent…
Decisions: Ruling of the initial appeal of judgment in favor of Totes/Isotoner Corporation for discrimination Allen was affirmed. Subsequently, the Supreme Court of Ohio did not touch the issue of whether…
III. The History of the case being appealed to the Supreme Court and the decisions of the lower courts…
Mawson, L. Marlene, and William T. Bowler III. "Effects Of The 1984 Supreme Court Ruling On…
5) "Roper v. Simmons." Wikipedia, the Free Encyclopedia. 15 Apr. 2010. Web. 21 Apr. 2010. <http://en.wikipedia.org/wiki/Roper_v._Simmons>.…
Mott, J., Ph.D. (2008). ThisNation.com. In Supreme court decision making. Retrieved January 24, 2011, from http://www.thisnation.com/textbook/judiciary-decision.html.…
Court decisions the court are not required to follow but are well reasoned and from a respected court. Courts can be persuaded to make decisions on findings from other similar cases that have already been tried ex; would be that of Justice Cardozo in New York Court of Appeals case of Palsgraf v. Long Island Railroad Company, 248N.Y. 339.…
Hardaway Co. v. PARSONS, BRINCKERHOFF, ETC., 479 SE 2d 727 - Ga: Supreme Court 1997…