Justia U.S. 8th Circuit Court of Appeals Opinion SummariesArticles Posted in Labor & Employment Law
McKey v. U.S. Bank National Association
The Eighth Circuit affirmed the district court's grant of U.S. Bank's motion for summary judgment in an action brought by plaintiff, alleging that the Bank fired her because of her age and in retaliation for reporting discrimination in violation of the Minnesota Human Rights Act.The court held that the Bank articulated a legitimate, nondiscriminatory reason to terminate plaintiff with adequate support in the record: performance issues. The court also held that plaintiff failed to show that the Bank's explanation for her firing is mere pretext for intentional discrimination. In this case, none of the employees that she compares herself to are similarly situated in all relevant respects, and the evidence does not present a change in basis for firing her. Furthermore, plaintiff offered no evidence to support causation for her retaliation claim under the Minnesota Human Rights Act. Finally, the Bank's decision not to hire plaintiff in another position was not based on a discriminatory and retaliatory motive, and plaintiff failed to establish pretext. View "McKey v. U.S. Bank National Association" on Justia Law
Barcomb v. General Motors LLC
Plaintiff filed suit alleging that he was wrongfully fired from GM under both federal and state law because he reported safety issues with the manufacturing process at the plant in Wentzville, Arkansas. The district court granted summary judgment in favor of GM on the retaliatory discharge claim under section 31307 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and granted costs to GM under Federal Rule of Civil Procedure 54(d).The Eighth Circuit held that plaintiff's complaints about the quality control processes in a manufacturing plant are not information related to a motor vehicle defect, and thus he did not engage in protected activity under MAP-21. The court also held that the district court did not err in deciding to grant costs, and did not abuse its discretion by awarding both the costs of stenographic and video deposition services. The court reversed the district court's award of $76.50 for the postage and shipping costs, and otherwise affirmed the judgment. View "Barcomb v. General Motors LLC" on Justia Law
Posted in: Labor & Employment Law
Perficient, Inc. v. Munley
In 2019, Perficient filed suit against its former employee and his new employer, Spaulding, alleging claims including breach of contract and violations of the Defend Trade Secrets Act, and the Missouri Uniform Trade Secrets Act. The district court ruled in favor of Perficient, concluding that the employee violated the covenant-not-to-compete provision in his employment contract. The district court then granted permanent injunctive relief of short duration. The employee and Spaulding timely filed this interlocutory appeal but did not seek a stay of the district court’s order pending appeal. The injunction expired in May 2020 on its own, with the appeal pending and further proceedings stayed in the district court. The Eighth Circuit held that the district court's injunction has become moot and remanded to the district court for further proceedings. Furthermore, none of the traditional exceptions to mootness apply. Accordingly, the court dismissed the appeal. View "Perficient, Inc. v. Munley" on Justia Law
Krakowski v. Allied Pilots Ass’n
Plaintiff filed suit against Allied Pilots in state court for conversion and unjust enrichment, arguing that he was entitled to keep his whole profit sharing payment rather than give some of it to the union for "dues." The union removed to federal court, contending that plaintiff's claims are preempted by the Railway Labor Act (RLA). The district court held that state law claims fell away due to preemption and the federal claims did not survive summary judgment.The Eighth Circuit reversed and held that the district court erred by relying on the complete-preemption doctrine, finding that the RLA wholly displaced plaintiff's state law claims. In this case, the RLA does not require disputes between an employee and a union to be heard by an adjustment board, so there is no federal cause of action at all, much less an exclusive one. Accordingly, the court vacated the district court's judgment and instructed the district court, on remand, to return this case to state court. View "Krakowski v. Allied Pilots Ass'n" on Justia Law
Collins v. Abbott Laboratories, Inc.
The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Abbott in an action brought by a former employee, alleging a failure-to-accommodate claim under the Minnesota Human Rights Act (MHRA). The court held that plaintiff has not made a facial showing that reasonable accommodation is possible and that the accommodation will allow him to perform the essential functions of the job. In this case, plaintiff requested that he be permitted to use electric forklifts in place of manual pallet jacks, but he has not presented evidence that this accommodation would allow him to perform the essential functions of an M&I Specialist. View "Collins v. Abbott Laboratories, Inc." on Justia Law
Travelex Insurance Services, Inc. v. Barty
Travelex filed suit against defendant to enforce an alleged agreement restricting her ability to compete with Travelex by soliciting business from certain customers. The district court granted partial summary judgment in favor of defendant, determining that the purported agreement was unenforceable.The Eighth Circuit reversed and remanded, holding that summary judgment was not warranted. In this case, the district court concluded that the agreement was unenforceable because the 2008 agreement became a nullity when Travelex was acquired by Cover-More and defendant refused to sign a new agreement as a condition of continued employment and was terminated. The court held that defendant's refusal to sign the new agreement nullified the prior agreement. The court also held that defendant's alternative argument, that under New York law restrictive covenants may not be enforced when an employee is dismissed without cause, does not apply because the non-solicitation agreement is not unreasonable as a matter of law. View "Travelex Insurance Services, Inc. v. Barty" on Justia Law
Riegelsberger v. Air Evac EMS, Inc.
The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Air Evac in an action brought by plaintiff, alleging unpaid overtime wages in violation of the Fair Labor Standards Act (FLSA).The court agreed with the district court that Air Evac is a "carrier by air," and thus plaintiff's job as a flight paramedic was exempt from the FLSA's overtime requirements. In this case, Air Evac is not equitably estopped from asserting that the position is exempt, and thus the district court did not abuse its discretion in concluding that plaintiff's reliance on a letter to argue to the contrary was unreasonable because Air Evac had otherwise clearly and consistently communicated its overtime policy to plaintiff. Furthermore, the air-carrier exemption applies because Air Evac is a common carrier where Air Evac is willing to provide transportation services for hire to all within its definable segment and it does not discriminate within its segment. View "Riegelsberger v. Air Evac EMS, Inc." on Justia Law
Posted in: Labor & Employment Law
Farmers Edge Inc. v. Farmobile, LLC
FEI, Crop Venture's successor-in-interest, filed suit alleging that the individual defendants took proprietary information they developed at Crop Ventures after they left the company and co-founded Farmobile (the corporate defendant). Specifically, FEI alleges that the individual defendants' behavior constituted a breach of explicit or implicit contracts with the company; defendants were obligated to assign to their employer the ownership rights of products they worked to develop; the individual defendants breached their duty of loyalty to their employer; and the individual defendants misappropriated trade secrets. The district court denied in full FEI's motion, and granted in part and denied in part Farmobile's motion.The Eighth Circuit affirmed and held that because no contract bound the parties during Defendant Nuss' term of employment, Nuss was not in breach of an explicit contract; FEI has not shown that any of the individual defendants was similarly "specifically directed" during their product-development process, so no implied contracts were created under the hired-to-invent doctrine; FEI failed to show the individual defendants breached their duty of loyalty to their employer; FEI cannot maintain a trade secret claim under the Nebraska Trade Secrets Act (NTSA) or the federal Defend Trade Secrets Act (DTSA); and the remaining claims are unpersuasive. View "Farmers Edge Inc. v. Farmobile, LLC" on Justia Law
Neylon v. BNSF Railway Co.
The Eighth Circuit affirmed the district court's grant of summary judgment in favor of BNSF in an action brought by plaintiff, alleging a claim of retaliation for engaging in protected activity under the Federal Railroad Safety Act (FRSA).The court held that, in order to make a prima facie case of unlawful retaliation under the FRSA, an employee must show, by a preponderance of the evidence: (i) he engaged in a protected activity; (ii) the rail carrier knew or suspected, actually or constructively, that he engaged in the protected activity; (iii) he suffered an adverse action; and (iv) the circumstances raise an inference that the protected activity was a contributing factor in the adverse action. Furthermore, the contributing factor that an employee must prove is intentional retaliation prompted by the employee engaging in protected activity. In this case, the court held that the record as a whole could not lead a rational trier of fact to find that plaintiff's injury report prompted BNSF to intentionally retaliate against him. View "Neylon v. BNSF Railway Co." on Justia Law
International Union v. Trane U.S. Inc.
The Eighth Circuit reversed the district court's dismissal of the union's claims against Trane concerning an arbitration award. In this case, the June Award indicated that the arbitrator did not intend for it to be final because he explicitly retained jurisdiction "until the terms of the award are met." When a dispute did arise regarding damages, the arbitrator resolved that dispute in the September Award and then expressly stated that he was "no longer retaining jurisdiction in this matter." Therefore, the express relinquishment of jurisdiction in the September Award indicated that the arbitrator intended the September Award to be final and did not contemplate further disputes regarding the award.The court held that the union is not time-barred from seeking to vacate the arbitration award because the text of the June Award indicates that it was not the final award. The court stated that the September Award is the final award and the union filed its claim to vacate within 90 days of it. Therefore, the union's claim was timely and the district court erred in concluding otherwise. The court remanded for further proceedings. View "International Union v. Trane U.S. Inc." on Justia Law