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· 4/1/1997

Shirley A. Yamaguchi v. United States Department of the Air Force, and Sheila E. Widnall, Officially as Secretary of the Air Force

Citations

  • 109 F.3d 1475
  • 97 Cal. Daily Op. Serv. 2446
  • 37 Fed. R. Serv. 3d 107
  • 97 Daily Journal DAR 4371
  • 1997 U.S. App. LEXIS 6094
  • 70 Empl. Prac. Dec. (CCH) 44,661
  • 73 Fair Empl. Prac. Cas. (BNA) 884
  • 1997 WL 144948

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “A dismissal for failure to state a claim is a ruling on a question of law . . . .” (emphasis added)
  • “In its investigation and decision, the EEOC only addressed Yamaguchi’s 27 sexual harassment allegations against Clark, not her claim of sex discrimination.”
  • hold ing that Section 1595 does not apply retroactively because it added new legal consequences to TVPA violations and because it creates new liabilities rather than new rights
  • “[A]ll the Rules require is ‘a short and plain statement of the claim’ that will give the defendant fair notice of what the plaintiffs claim is and the grounds upon which it rests.”
  • in determining exhaustion, courts must construe EEOC charge “with the 27 utmost liberality”
  • “employer’s actions must both end the current harassment and discipline the offender”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Wiggins, Nelson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.