Supreme Court Splits Claims to be Litigated in Court and Claims to Be Arbitrated

KPMG LLP v. Robert Cocchi et al., No. 10-1521 (U.S. Nov. 7, 2011).

The Supreme Court, in a short opinion, held that if some claims are subject to an arbitration agreement, but others are not, then the plaintiff must proceed with arbitration on the former claims, and in court on the latter claims, even if the result is piecemeal litigation.


D.C. Circuit Remands Hostile Work Environment Claims

Rhonda N. Baird v. Joshua Gotbaum, Director, PBGC, No. 10-5421 (D.C. Cir. Dec. 13, 2011).


OEA Judge Abused His Discretion by Deciding Appeal Without Evidentiary Hearing

Dupree v. D.C. Office of Employee Appeals and DC Dept. of Corrections , No. 09-CV-937 (D.C. Dec. 22, 2011).

The D.C. Court of Appeals held that it was reversible error for the D.C. Office of Employee Appeals Administrative Judge to decide a District employee's appeal without holding an evidentiary hearing, since there were contested factual issues, not purely legal issues:

A. Evidentiary Hearing


Court of Appeals Grants Cert. In Friolo

The sage continues… The Court of Appeals of Maryland granted certiorari in the case Joy Friolo v. Douglas Frankel et al. - Case No. 102, Sept. Term, 2011 on December 16, 2011. Available on-line at 11grants.html.


Court of Appeals Reverses Taylor in Part and Remands Case to Court of Special Appeals

Julia M. Taylor v. Giant of Maryland, LLC, Nos. 9 & 10, September Term 2010 (Md. Dec. 6, 2011), 2011 WL 6032713.

JoAnn Myles represented the employee at trial and on the first appeal to the Court of Special Appeals; Cynthia Young (Annapolis) was co-counsel to the employee on the second appeal. Connie Bertram represents the employer.


Unvested Shares Are Not Wages Under MWPCL

Hillary J. Kunda v. C.R. Bard, Inc., No. 09-1809 (4 th

Cir. Dec. 23, 2011).

GREGORY, Circuit Judge: