Section 12-309 Does Not Bar Negligence Claim for Liquidated Damages

In Lindsey v. District of Columbia, No. 07-1939 (RBW) (D.D.C. Sept. 15, 2011), Donna Williams Rucker recently received a great Order from Judge Walton on an age discrimination and negligence claim against the District (D.C. Fire and EMS). The Order (attached) is a fun read all around since he roasts the District a bit. However, what is particularly exciting and the reason for posting is that Judge Walton agreed with Plaintiff's 12-309 argument that asserted the negligence claim should not be dismissed in total for not having a 12-309 notice provided to the District.


Friolo Decision on Fees

Friolo v. Frankel, et al., No. 825, Sept. 2010 Term (Md. App. Sept. 7, 2011).


Amtrak Settles Sex/ Wage Discrimination/ RetaliationSuit Brought by EEOC

On November 10, 2011, the Equal Employment Opportunity Commission announced that Amtrak, the nation’s largest rail carrier, will pay $171,483, raise the salary of a female human resources manager, and furnish other relief to settle a sex-based wage discrimination and retaliation lawsuit.


Jury Awards $300,000 in D.C. Whistleblower Case

On November 21, 2011, a District of Columbia jury found in favor of Christina Conyers Williams in her D.C. Whistleblower Protection Act claim against the District of Columbia. She was formerly employed at APRA, the Addiction Prevention and Recovery Administration in the District of Columbia Department of Health ("DOH"),

Plaintiff's supervisors attempted unsuccessfully to terminate her for an alleged violation of the D.C. Residency Preference Act.


Court Grants Class Status in Wage and Hour/FLSA Case

On December 21, 2011, Maryland U.S. District Court Judge Peter J. Messitte granted class certification in a hybrid state wage-and-hour case/Fair Labor Standards Act collective action. The class consists of 152 Pinkerton's security guards at Andrews Air Force Base who were denied 45 minutes of pay per day for on-duty meal breaks. Pinkerton had a policy that the 45 minutes automatically be deducted from pay even though during their meal break the guards were confined to post, a guard shack, and required to be armed, listening to their radio and available to respond to emergencies.


Motion to Dismiss Denied in Hostile Work Environment Case

On November 28, 2011, the U.S. District Court for D.C. (Judge Roberts) denied a motion to dismiss filed by DHS (Secret Service) in Teliska v. Napolitano, C.A. No. 09-2422 (D.D.C.). We alleged that the Secret Service created a hostile work environment for Kate Teliska for a long time after she complained of sexual harassment by a USSS supervisor.


Zaid Settles Termination Case with Defense Intelligence Agency

I am pleased to announce that I negotiated a rare settlement with the Defense Intelligence Agency for my client John Dullahan, a former analyst who was unceremoniously terminated and had his security clearance revoked without any due process on the grounds of "national security" in 2009. The settlement, including the back pay, amounted to approximately $350,000. We filed suit in January 2010 in the U.S. District Court for the District of Columbia. The Complaint can be found here: .


Attorneys’ Fees Were Awarded at Laffey Rates in Eastern District of Virginia

We received a decision in Bland v. Fairfax County regarding our fee petition. Judge Cacheris awarded us nearly every penny that we put in for - at our Laffey rates and everything! We requested $310,000, and he awarded $305,000. Anyone putting in for fees in Eastern District of Virginia should definitely ask us for a declaration re: reasonableness of Laffey rates on this side of the river.

The jury's compensatory damages award did not fare as well before Judge Cacheris. The jury awarded $250,000.00 for our client's immense pain and suffering, and Judge Cacheris cut it to $50,000.00.


EEOC Grants Default Judgement

We received a decision from Administrative Judge Davi in Atlanta granting default judgment for our client. Although the agency conducted a belated investigation on her EEO claims, it failed to produce the complaint file after over 400 days from the filing of the formal complaint (the file is now allegedly "in the mail"). The agency also failed timely to respond to the AJ's orders to produce the complaint file and show cause for its delay.

– Johnathan P. Lloyd, Passman & Kaplan, P.C.