Missing from the press coverage I have read is any sense of
the merits of the federal case enabled by the new law.
Not exact matches
They returned to the
federal courthouse in Lower Manhattan this morning to continue discussing the
merits of the
case.
The denial
of a review is especially concerning given the existing split among
federal circuit courts
of appeal, one reason NSBA and school district lawyers met late last year with the U.S. Solicitor General, urging the administration to encourage the Supreme Court to hear the
case even if it disagreed on the
merits.
If, instead
of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the
cases if they are filed in the same court system (i.e. a
federal case and a
federal case, or a New York State
case and a New York State
case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution
of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the
merits if it is apparent from the face
of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.
In an earlier ruling on the
merits of the
case, the
Federal Circuit upheld Judge Matsch's decision setting aside the jury's verdict in favor
of Medtronic and granting judgment as a matter
of law in favor
of BrainLAB.
He has represented
federal and private sector employees in investigations and
cases in front
of the
Merit Systems Protection Board, the Equal Employment Opportunity Commission, and the Office
of Special Counsel.
The last figure looks, based on
federal dockets, at these attorneys» total
case wins as counsel
of record for
merits parties in the Supreme Court.
We represent
federal government employees in MSPB (
Merit Systems Protection Board)
cases of disciplinary action or removal.
We get a lot
of federal employee
cases from the
Merit Systems Protection Board.
In
cases in which one
of the parties is proceeding pro se (normally these are
federal employee
cases from the
Merit Systems Protection Board), argument is not held unless the court decides it would be helpful.
Actually, there is fairly limited Michigan law applying the ministerial exemption to this sort
of wrongful termination, so the defendants rely on a lot
of federal cases involving the ministerial exemption from Title VII, which is the subject
of large circuit split on the substantive
merits / jurisdiction question.