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· 4/10/1998

Vicki CROSS, Plaintiff-Appellee, v. Emanuel CLEAVER II, Et Al., Defendants-Appellants

Citations

  • 142 F.3d 1059
  • 1998 U.S. App. LEXIS 7130
  • 73 Empl. Prac. Dec. (CCH) 45,345
  • 76 Fair Empl. Prac. Cas. (BNA) 819
  • 1998 WL 164414

How courts have described this case

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

  • holding that it was not plain error to issue a combined retaliation instruction on Title VII and the MHRA because there does not appear to be any “effective difference” between the participation clauses in the MHRA and Title VII.
  • upholding a verdict against a supervisor for retaliation because the supervisor had extensive authority over the employee, including the right to fire the employee
  • “Where an appellant has failed to make an adequate objection below to preserve the purported error in instructions ... this court reviews only for ‘plain error.’ ”
  • “[A] general objection is insufficient to preserve the specific objections to the instruction that the appellant may subsequently seek to raise on appeal.”
  • employment actions sufficient to constitute an adverse employment action are usually actions involving an actual or apparent wielding of authority resulting in a material employment disadvantage
  • employment actions that are sufficiently ád-verse to sustain a retaliation claim are also often actions in which the retaliator wields the employer’s authority, either actually or apparently, to effect the retaliation, which must take the form of a material employment disadvantage

Source: CourtListener parenthetical corpus (CC0).

Judges: Bennett, Fagg, McMILLIAN

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.