Monday, May 24, 2010

Anthoine v. North Central Counties Consortium (9th Cir. - May 24, 2010)

In this retaliation case, the Ninth Circuit says: "During the seventeen years Anthoine worked at NCCC, he was hardly a model employee." There's an understatement.

For a general tenor of Anthoine's work attitude, I'll merely relay one fact: When his supervisor gave him a verbal warning in 2005, Anthoine submitted a 207-page (!) document in response. No wonder the supervisor responded (in an e-mail to her supervisor): "Here's another whirl on Mr. Toad's wild ride." And no wonder Anthoine was (eventually) terminated.

But the Ninth Circuit nonetheless reverses the grant of summary judgment. Let's just hope that the defendants prevail at trial. Otherwise I'm not going to have a great amount of faith in the jury.