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United States Sixth Circuit


Kusens v. Pascal Co., Inc., 04-3570, 04-3682

Judgment as a matter of law for defendants in a wrongful termination case alleging age discrimination, retaliation, and a state public policy claim is affirmed over plaintiff's claims of error regarding: 1) waiver; 2) whether employment at-will is a requirement for Ohio public policy claims; 3) a presumption of at-will employment, if such requirement exists; 4) erroneous denial of a new trial motion; 5) whether the anti-retaliation provision of a state civil rights statute applies to "any person," not just to employers; and 6) whether individual defendants were employed by an "employer" under a state law.

Appellate Information

  • Decided 05/09/2006
  • Published 05/09/2006

Judges

  • Before:  ROGERS and SUTTON, Circuit Judges;  ROSEN, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Gregory A. Gordillo, Law Offices of Gregory A. Gordillo, Cleveland, Ohio, for Appellant.  Robert N. Stein, Cleveland, Ohio, for Appellees.   ON BRIEF:  Gregory A. Gordillo, Law Offices of Gregory A. Gordillo, Cleveland, Ohio, Ann-Marie Ahern, Simon Law Firm, Cleveland, Ohio, for Appellant.  Robert N. Stein, Cleveland, Ohio, for Appellees.
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