Res Judicata means "the thing decided." This basic rule embedded in our court system means that a final judgment on the merits of the case by a court with jurisdiction is deemed to be conclusive between the parties as to all matters that were litigated or that could’ve been litigated in that lawsuit. As the District Court of the U.S. Virgin Islands recently decided, this also applies to administrative rulings that are decided on an issue.Continue Reading U.S. Virgin Islands Judge Says Administrative Rulings are Final

A court’s decision denying summary judgment on the defense of qualified immunity is considered to be a final judgment.  It can be appealed immediately to the extent that the denial turns on an issue of law. However, an appellate court doesn’t have jurisdiction to review that decision if an interlocutory (or interim decision before the case is concluded) appeal turns on issues of fact. The Third Circuit recently looked at this issue in the context of a terminated government employee and the defense of qualified immunity.Continue Reading Qualified Immunity Turns on Policy Making Authority

Ralph Van Deventer worked for Johnson & Johnson (Johnson) as a Compliance Analyst until he became disabled from multiple weaknesses in his skeletal structure and tenosynovitis of the left ankle. Van Deventer was enrolled in Johnson’s Long Term Disability Income Plan for Choice Eligible Employees (the “Plan”), which had two different, time-sensitive definitions of “disabled.” Continue Reading Third Circuit Says Company’s Handling of Disability Claim OK

Complaints must state some specific claim or allegation based on facts. Courts won’t just take a person’s word for it that they’ve been wronged. Georr M. Birla was given several chances by the courts to amend his claim against the defendants, but never got it right.  He appealed pro se from an order of the District Court dismissing his amended complaint. Continue Reading Plaintiff Fails to Establish Claim Even After Courts Give Him Several Do-Overs

The U.S. Third Circuit Court of Appeals has ruled that a freight transportation company did not violate the Americans with Disabilities Act (ADA) and other antidiscrimination laws when it terminated an alcoholic employee who violated a Return to Work (RWA) agreement. In Ostrowski v. Con-way Freight, the RWA violation occurred when the employee suffered a relapse after returning from a leave of absence to undergo rehabilitation for alcoholism.Continue Reading U.S. Third Circuit Holds Firing Alcoholic Employee for Relapse Not ADA Violation

Judge Susan D. Wigenton of the District Court of the Virgin Islands, Division of St. Thomas and St. John recently entertained the motion of the defendant Marriott Hotel Management Company (Virgin Islands) (“MHMC”) and Marriott Hotel Services’ (“MHS”) to dismiss the complaint of Plaintiff Judy-Ann James Frederick concerning numerous employment violations, including wrongful discharge.Continue Reading Court Recognizes Constructive Discharge Employment Claim for First Time under VI Wrongful Discharge Act