Initiating litigation and finalizing the pleadings
Author | Aaron B. Maduff |
Pages | 155-184 |
INITIATING LITIGATION
6-1 INITIATING LITIGATION AND FINALIZING THE PLEADINGS §6.1
CHAPTER 6: INITIATING LITIGATION and FINALIZING THE PLEADINGS
§6.1 TASK: DETERMINE WHO TO NAME AS DEFENDANTS
§6.1.1 WHAT AND WHY
§6.1.2 WHEN
§6.1.3 HOW
§6.1.3.1 Identify Plaintiff ’s Employer
§6.1.3.1.1 Name Correct Entity
Roberts v. Michaels
Coey v. Dobbs International Services, Inc.
Practice Note: Ask your client to bring in a paycheck stub or W-2 form.
Practice Note:If a mistake has been made and the employer has been incorrectly named,
file a motion to amend the complaint to name the correct defendant.
§6.1.3.1.2 Parent Company as Defendant
Cook v. Arrowsmith Shelburne, Inc
See also Turley v. ISG Lackawanna, Inc.Sandoval
v. American Building, Maintenance Industries, Inc.
Johnson v. Flowers
Industries, Inc.
Id at
Turley
Turley
INITIATING LITIGATION
§6.1LITIGATING SEXUAL HARASSMENT & SEX DISCRIMINATION CASES 6-2
Id.
§6.1.3.1.3 Succession of Ownership
Practice Note: Report conduct to successor employer
Whitmore v. O’Connor Management
§6.1.3.1.4 Joints Employers
Felder v.
United States Tennis Associationciting Arculeo v. On-Site Sales & Mktg., LLC
See Johnson
v. Flowers Indus., Inc.see Perry v. VHS
San Antonio Partners, L.L.C.
§6.1.3.1.5 Religious Order as Employer
McClure v. Salvation Army
Hosanna-Tabor Evangelical Lutheran Church &
School v. E.E.O.C.
Bollard
v. California Province of the Society of Jesus
EEOC v. R.G. & G.R. Harris Funeral Homes, Inc.
Penn v. New York Methodist Hospital
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