DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
132388P.pdf 08/27/2014 Patricia Davis v. J. Ricketts
U.S. Court of Appeals Case No: 13-2388
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Beam, Circuit
Judge]
Civil case - Employment discrimination. Although plaintiffs produced
evidence establishing common control and financial backing for defendants
OEF and Hugo, this was not sufficient to establish that the defendant
companies were a single employer or overcome the strong presumption of
organizational separateness; as a result, plaintiffs failed to show the
companies were single, integrated entity for Title VII purposes; since
their employer did not, as a separate entity, meet the statutory
numerosity requirement, their Title VII and Nebraska Fair Employment
Practices Act claims failed, and the district court did not err in
granting defendants' motion for summary judgment; plaintiffs failed to
properly plead a claim of tortious interference under Nebraska law against
defendant Ricketts, and the district court did not err in dismissing the
claim. Chief Judge Riley, concurring in part and dissenting in part.