Anderson v. Meyer Broadcasting Co.

20000322 Colleen Anderson, Plaintiff and Appellant
v.
Meyer Broadcasting Company, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Robert W. Holte
Nature of Action: Employer/Employee Dispute
Counsel:
Appellant: Lee J. Balerud
Appellee: Pearce & Durick
Term: 03/2001   Argument: 03/26/2001  1:30pm
ND cite: 2001 ND 125
NW cite: 630 N.W.2d 46

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Proper standard of review in summary judgment cases.
II. The trial court erred in dismissing appellant's gender and age based discrimination claims.
(A) Question of fact exists as to whether appellant was passed over for promotion and/or gender based discrimination.
(B) Appellee's standards and procedures for investigating alleged improper employment acts, employee discipline and termination were unfairly applied differently for men and women.
III. The trial court erred in dismissing plaintiff's retaliatory discharge claim.
(A) Material issues of fact exist;
(1) The plaintiff opposed the defendants unlawful employment practices of promoting those individuals who allegedly had a sexual relationships with their superiors and unlawful employment practice of meyer executive officials to cover up and attempt to silence those who wished to disclose unlawful conduct of its male executives.
(2) Adverse employment actions
(3) Connection between adverse employment and protected activity
IV. The trial court erred in dismissing appellants defamation claim

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Docket entries:
111/21/2000 NOTICE OF APPEAL: 11/20/2000
212/22/2000 RECORD ON APPEAL & Depositions (7)
312/30/2000 APPELLANT BRIEF
401/12/2001 DISK - ATB
512/30/2000 APPELLANT APPENDIX (NOTE: there is no page 63 -- clerical error)
601/05/2001 Letter from Mr. Balerud dated 1-4-01 w/attached Certificate of Service dated 12-30-00 showing
701/05/2001 service of the Appellant's Brief and Appendix on Jerome Kettleson
801/12/2001 Corrected T.O.C., corrected T.O.A., corrected pages 6, 8, 29 & 34; and page v for for ATB
901/12/2001 DISK - atb
1002/01/2001 APPELLEE BRIEF
1102/01/2001 APPELLEE APPENDIX
1202/05/2001 DISK - AEB
1302/07/2001 Copies of corrected Table of Authorities for AEB and page 101 for AEA.
1402/07/2001 DISK - AEB Corrected
1503/26/2001 APPEARANCES: Lee J. Balerud, Colleen Anderson; Jerome C. Kettleson, Judith Johnson, Pres. CEO of
1603/26/2001 Meyer Broadcasting Co.
1703/26/2001 ARGUED: Balerud; Kettleson (Vol. X; page 118)
1803/26/2001 ORAL ARGUMENT WEBCAST
1907/10/2001 DISPOSITION: AFFIRMED
2007/10/2001 UNANIMOUS OPINION: Sandstrom, Dale V.
2107/10/2001 Costs on appeal taxed in favor of appellee
2207/11/2001 Order/Judgment Mailed to Parties
2308/02/2001 MANDATE
2408/10/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2507/12/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/01/2014