DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121058P.pdf 08/25/2014 Luisa Chavez-Lavagnino v. Motivation Education Training
U.S. Court of Appeals Case No: 12-1058
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Gruender,
Circuit Judge]
Civil case - Minnesota Whistleblower Act. There was sufficient evidence to
support the jury's conclusion that the plaintiffs refused to engage in
activities which would violate 18 U.S.C. Sections 1001(a) and 1002, which
prohibit making false representations to and defrauding the federal
government; defendant's action in temporarily firing plaintiff Yanez and
making her take release time until her firing was rescinded could likely
dissuade a reasonable employee from engaging in protected activity;
plaintiffs established a causal connection between their protected
activity and their firings; while Minnesota has not addressed the issue,
it is likely that the Minnesota Supreme Court would hold that a supervisor
cannot be individually liable for the tort of wrongful discharge, and the
plaintiffs' judgment against defendant Cerna must be reversed; in light of
the reversal of the judgment against defendant Cerna, the order granting
plaintiffs' motion for pre-judgment interest and attorney's fees must be
vacated and remanded for further consideration. Chief Judge Riley,
concurring in part and dissenting in part.
121058P.pdf 05/08/2013 Luisa Chavez-Lavagnino v. Motivation Education Training
U.S. Court of Appeals Case No: 12-1058
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and
Gruender, Circuit Judge]
Civil case - Civil Procedure. Case remanded for the limited purpose of
permitting the district court to determine whether the parties were
completely diverse when the plaintiffs filed their complaint and when
defendants filed the notice removing the case to federal court; if the court
finds defendant Cerna was a citizen of Minnesota when the case was filed
or removed, such that complete diversity was lacking, then the court
should also determine whether to dismiss her as a dispensable nondiverse
party pursuant to Fed. R. Civ. P. 21.