Legal News & Resources

Case Summaries

[07/02] Hughes v. Pair
Court of Appeals judgment for defendant in a sexual harassment action is affirmed where: 1) plaintiff's factual allegations fail to establish the severe or pervasive conduct necessary to pursue a claim of hostile environment sexual harassment under Civil Code sec. 51.9, as the conduct was not so egregious as to alter the conditions of the underlying professional relationship and could not plausibly be construed by a reasonable trier of fact as a threat to commit a sexual assault on plaintiff; and 2) the court properly granted summary judgment on plaintiff's claim for intentional infliction of emotional distress as plaintiff failed to establish either extreme or outrageous conduct by defendant or that plaintiff suffered severe or extreme emotional distress.

[07/02] Milholland v. Sumner Cty. Bd. of Educ.
In an Americans with Disabilities Act action alleging that Plaintiff teacher was transferred between positions based on her arthritis, summary judgment for Defendant is affirmed, where Plaintiff failed to raise a genuine issue of material fact as to whether Defendant regarded her as disabled.

[06/30] Scott v. Phoenix Schools, Inc.
In an employment termination action, trial court judgment is affirmed in part and reversed in part where: 1) there was substantial evidence that defendant violated public policy in dismissing plaintiff; and 2) there was insufficient evidence of malice, fraud or oppression to support the award of punitive damages.

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