Summary Judgment and Defense Verdict Affirmed By Third Circuit in Multi-Plaintiff Employment Case

Apr 25, 2019 | News

On April 22, 2019, the Third Circuit Court of Appeals affirmed summary judgment and upheld a defense verdict in a multi-plaintiff employment case.

The Plaintiffs alleged five counts each ranging from sexual harassment to national origin discrimination. Defense counsel file summary judgment on all counts against all Plaintiffs. Specifically, Wilmac moved to Dismiss all counts against Riker as she had signed a voluntary resignation at her workers compensation hearing seven months after her last day worked at Lancashire Hall. The District Court dismissed all claims against Plaintiff Riker finding that there was no adverse employment action as a result of her resignation. The Court also dismissed all claims except the ADA retaliation claim with regard to Plaintiff Shearer.

The Shearer matter was heard during a four day trial before the Honorable Judge Marilyn Heffley. Attorney Cronk, along with Attorney Jeff Adler, of Burns White, LLC obtained a defense verdict at trial on the remaining retaliation claim against Plaintiff Shearer.

Counsel for Plaintiffs appealed the dismissal of all Riker’s claims on summary judgment, the dismissal of Shearer’s claim on summary judgment and the dismissal of her ADA retaliation claim.

The Third Circuit affirmed the dismissal of all of Riker’s claims agreeing that her execution of the voluntary resignation prohibits her from claiming that she was terminated and therefore, there was no adverse employment action.

The Third Circuit further upheld the dismissal of Shearer’s claims on summary judgment and upheld the defense verdict.