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.

November

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).

November

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

November

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 http://www.courts.state.md.us/coappeals/grants/12_ 11grants.html.

November

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.

November

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:

November

Looking for an Employment Lawyer?

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Become a MWELA Member

Welcome to the Web site of MWELA — the Metropolitan Washington Employment Lawyers Association. We are about 300 lawyers who represent people in the District of Columbia, Maryland and Virginia.

As advocates for employee rights and civil rights, we work to protect the rights and privileges of employees in both the private and public sectors of the Washington metropolitan area workforce. We are dedicated to promoting workplace fairness and the right of employees to work in an environment free of discrimination. MWELA provides assistance, support and resources to members throughout the metropolitan area to attain the highest ideals of practice and encourage the sharing of expertise and skills to best serve our clients.

On our vibrant and active listserve, MWELA members share strategies, tips, and responses to queries regarding both routine and novel employment law issues. The listserve is also available as an on-line searchable database, a powerful research tool.

MWELA holds monthly Brown Bag gatherings featuring presentations on trial strategies and techniques, emerging employment law issues, use of new courtroom technologies, successful litigation efforts, and other matters critical to a successful employment law practice.

Our Moot Court Committee regularly prepares our members for oral argument before appellate courts. MWELA's Amicus Committee produces thoughtful and excellent briefs on important policy matters before the courts of appeals, lending a powerful persuasive voice for the plaintiff and for employees generally. MWELA produces a monthly Newsletter covering member news, victories, and key decisions.

At our all-day Annual Conference, MWELA presents local and federal judges, colleagues, and outside experts on topics concerning all aspects of the plaintiff's employment practice. We also present our annual Lawyer of the Year award.

MWELA maintains an on-line Brief Bank, with ready arguments, briefs, and pleadings. MWELA works toward changes in public policy through the lobbying efforts of our members, to strengthen anti-discrimination and related workplace laws.

MWELA Case Advisory service offers two programs to both MWELA members and non-members. One is a Three-member Clinic Panel, which reviews a lawyer’s case either before it is filed or after it is pending and possibly encountering difficulties. The other is a Single Advisor Legal Consultation where an experienced MWELA attorney provides advice and tips on a particular topic to a less experienced lawyer. Topics may include areas of substantive law and procedure, litigation and trial practice, appeals, settlement agreements, and particular Court and administrative forums with which a lawyer may be unfamiliar. 

NELA MWELA is the local affiliate of the National Employment Lawyers Association (NELA). NELA and its 68 state and local affiliates have more than 3,000 members. We strongly encourage our members to join NELA. For more information, please contact Ms. Colleen Goodin, Membership Director, NELA, (415) 296-7629 (cgoodin@nelahq.org) or go to www.nela.org for an application. MWELA members receive a discount on NELA dues.

MWELA members can access our brief bank, listserve and newsletter archives, board meeting information, and other resources. If you are a lawyer and devote a majority of your employment practice to representing plaintiffs, join us.