Friday, December 27, 2013

Marsh v. Coleman Co., Inc. case brief

Marsh v. Coleman Co., Inc. case brief summary
774 F. Supp. 608 (D. Kan. 1991)

CASE SYNOPSIS
Defendant employer moved for summary judgment on plaintiff employee's claims of breach of an implied contract and fraud. The employee had alleged that his termination was taken in connection with certain fraudulent misrepresentations, was in breach of an implied contract of employment, and was in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C.S. § 621 et seq.

CASE FACTS
The employee filed an action against the employer, alleging that his termination was taken in connection with certain fraudulent misrepresentations, was in breach of an implied contract of employment, and was in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C.S. § 621 et seq. The employer moved for summary judgment on the employee's claims for breach of an implied contract and fraud.

DISCUSSION

  • The court granted the employer's motion for partial summary judgment on the employee's fraud claim, finding that the claim was barred by the two-year statute of limitations. 
  • The court explained that even if the fraud claim had been timely filed, the employee failed to present clear and convincing evidence for a reasonable jury to find in his favor on the elements of intent and reasonable reliance. 
  • The court denied the employer's motion for summary judgment on the breach of an implied contract claim on the theory that the written employment agreement between the parties was modified by implication.

CONCLUSION
The employer's motion for partial summary judgment on the employee's fraud claim was granted. The employer's motion for partial summary judgment on the employee's claim for breach of an implied contract was denied.

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