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• Pennington v. Western Atlas, Inc.

• Skalka v. Fernald Environmental Restoration Management Corp.

• Knoll v. American Telephone & Telegraph Co.

• Godfredson v. Hess & Clark, Inc.

• Hamlin v. Charter Township of Flint

• Bush v. Dictaphone Corp.

• Scott v. Goodyear Tire & Rubber Co.

• Davis v. Sodexho Inc.

• Ercegovich v. Goodyear Tire & Rubber Co.

• Barnett v. Department of Veterans Affairs

• Coger v. Board of Regents of the State of Tennessee

• Reed v. Reno

• Gantt v. Wilson Sporting Goods Co.

• Swallows v. Barnes & Noble Book Stores, Inc.

• Kline v. Tennessee Valley Authority

• Tinker v. Sears, Roebuck & Co.

• Brocklehurst v. PPG Industries, Inc.

• Howlett v. Holiday Inns, Inc.

• Coupe v. Federal Express Corp.

 
Crone & Mason AgeRights
Summarized Sixth Circuit Court Cases

Knoll v. American Telephone & Telegraph Co.,
176 F.3d 359 (6th Cir. (Ohio) May 11, 1999)

The Plaintiff, Knoll, filed suit against AT&T, alleging that it fired him and then refused to rehire him because of his age, in violation of the ADEA. The district court entered summary judgment for the Defendant on the failure to rehire claim but denied the Defendant’s motion with respect to the claim of wrongful discharge. On the day of trial, the district court dismissed the Plaintiff’s case without prejudice because the Plaintiff’s counsel would not try the case due to lack of preparation. The court awarded attorney’s fees and costs to the Defendant.

The Plaintiff appealed the dismissal of the case and the partial summary judgment. The Defendant cross-appealed the court’s denial of summary judgment on the Plaintiff’s wrongful discharge claim. The Sixth Circuit reviewed the district court’s decision to dismiss the claim and ultimately found that the behavior of the Plaintiff’s counsel was contumacious enough to have warranted the dismissal under FRCP 41(b), the federal rule of civil procedure that allows a judge to dismiss a claim when the claimant fails to prosecute the claim. The Sixth Circuit therefore affirmed the district court’s judgment.

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