United States Sixth Circuit

A declaratory judgment in favor of plaintiff-former employer but denying it attorney's fees is affirmed where: 1) the employee's breach of contract claims were barred by a separation agreement; 2) the district court did not err in finding that proposed age discrimination claims were also barred, and the employer was entitled to declaratory judgment to that effect; and 3) because defendant did not file his proposed complaint in any court or agency and the declaratory relief action was initiated by the employer, there was no breach of the agreement for purposes of attorney's fees.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• Before MARTIN and GUY, Circuit Judges;  CARR, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mary Ann Hart, Safford & Baker, Bloomfield Hills, Michigan, for Appellant.  Charles S. Mishkind, Miller, Canfield, Paddock & Stone, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Mary Ann Hart, Ralph R. Safford, Safford & Baker, Bloomfield Hills, Michigan, for Appellant.  Charles S. Mishkind, Miller, Canfield, Paddock & Stone, Grand Rapids, Michigan, for Appellee.