· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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