January 20, 2017

Branning & Harrell start 2017 strong, securing two summary judgment orders in one week

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Clark Partington Shareholders and Employment Litigators, Jeremy Branning and Daniel Harrell, and their clients wasted no time finding success in 2017.  In just one week, they secured two favorable dispositive outcomes for their clients.

On January 3, 2017, the United States District Court for the Northern District of Florida granted a motion for summary judgment filed by Branning and Harrell on behalf of their client, NF River Chase, LLC (“River Chase”), in a disability discrimination case filed by a former employee.  In that case, the plaintiff alleged that River Chase wrongfully terminated her employment in violation of the Americans with Disabilities Act  because it “perceived her” as disabled.  In response, Harrell and Branning argued that there was no evidence that River Chase “perceived” the plaintiff as disabled and that River Chase had a legitimate, non-discriminatory basis for its decision to terminate the plaintiff’s employment.  The Court agreed with Harrell and Branning, granting summary judgment in River Chase’s favor and closing the case.  A copy of the Order can be found here.

Approximately one week later, on January 11, 2017, the United States District Court for the Northern District of Florida granted a motion for summary judgment filed by Branning and Harrell on behalf of their client, Pensacola Greyhound Racing, LLP (“PGR”), in a sexual harassment and retaliation case filed by an employee.  In that case, the plaintiff alleged that she had been subjected to a sexually hostile work environment and that PGR retaliated against her for filing a complaint related to the alleged harassment.  In response, Harrell and Branning argued that the purported harassing conduct was not severe and pervasive and, therefore, did not qualify as harassment under the law.  Regarding the retaliation case, Branning and Harrell argued that, subsequent to the plaintiff’s complaint for harassment, she was promoted to a position where she made more money working fewer hours–accordingly, there was no basis for any claim that her employer retaliated against her for her complaint of harassment.  Again, the Court agreed with Harrell and Branning, granting summary judgment in PGR’s favor and closing the case.  A copy of the Order can be found here.[/vc_column_text][vc_separator][/vc_column][/vc_row]