· 2/15/2005
Duncan v. Manager, Department of Safety
Citations
- 397 F.3d 1300
- 2005 U.S. App. LEXIS 2535
- 86 Empl. Prac. Dec. (CCH) 41,986
- 95 Fair Empl. Prac. Cas. (BNA) 311
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that district court was justified in denying leave where amendment sought to introduce evidence that court found to be inadmissible at trial under rule 403 of the Federal Rules of Evidence
- holding that actions “taken by different individuals so long ago under different circumstances” cannot “[b]y any reasonable measure ... [be] part of the same actionable hostile working environment” alleged in the present litigation
- holding that “an angry outburst by a lieutenant” during an internal affairs investigation didn’t “materially affect[] [plaintiff’s] employment status. Th[is] act[] may have made her work environment unpleasant, but [it is] insufficient to support a retaliation claim.”
- noting that an employer’s intervening action may in some circumstances defeat the establishment of a continuing violation
- noting that leave to amend may be denied “on a showing of undue delay” or “futility of amendment” among other reasons
- noting that whether to grant leave to amend is committed to the district court’s discretion
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Kelly, McConnell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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