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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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