Anderson v. Meyer Broadcasting Co.
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| 20000322 |
Colleen Anderson, Plaintiff and Appellant
v.
Meyer Broadcasting Company, Defendant and Appellee
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| Appeal from: |
District Court,
North Central Judicial District,
Ward County
Judge Robert W. Holte |
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Nature of Action: |
Employer/Employee Dispute
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| Counsel: |
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| Term: |
03/2001 Argument: 03/26/2001
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| ND cite: |
2001 ND 125
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| NW cite: |
630 N.W.2d 46
Listen to recording of oral argument in MP3 format
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| 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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| 1 | | 11/21/2000
NOTICE OF APPEAL: 11/20/2000 |
| 2 | | 12/22/2000
RECORD ON APPEAL & Depositions (7) |
| 3 | | 12/30/2000
APPELLANT BRIEF |
| 4 | | 01/12/2001
DISK - ATB |
| 5 | | 12/30/2000
APPELLANT APPENDIX (NOTE: there is no page 63 -- clerical error) |
| 6 | | 01/05/2001
Letter from Mr. Balerud dated 1-4-01 w/attached Certificate of Service dated 12-30-00 showing |
| 7 | | 01/05/2001
service of the Appellant's Brief and Appendix on Jerome Kettleson |
| 8 | | 01/12/2001
Corrected T.O.C., corrected T.O.A., corrected pages 6, 8, 29 & 34; and page v for for ATB |
| 9 | | 01/12/2001
DISK - atb |
| 10 | | 02/01/2001
APPELLEE BRIEF |
| 11 | | 02/01/2001
APPELLEE APPENDIX |
| 12 | | 02/05/2001
DISK - AEB |
| 13 | | 02/07/2001
Copies of corrected Table of Authorities for AEB and page 101 for AEA. |
| 14 | | 02/07/2001
DISK - AEB Corrected |
| 15 | | 03/26/2001
APPEARANCES: Lee J. Balerud, Colleen Anderson; Jerome C. Kettleson, Judith Johnson, Pres. CEO of |
| 16 | | 03/26/2001
Meyer Broadcasting Co. |
| 17 | | 03/26/2001
ARGUED: Balerud; Kettleson (Vol. X; page 118) |
| 18 | | 03/26/2001
ORAL ARGUMENT WEBCAST |
| 19 | | 07/10/2001
DISPOSITION: AFFIRMED |
| 20 | | 07/10/2001
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 21 | | 07/10/2001
Costs on appeal taxed in favor of appellee |
| 22 | | 07/11/2001
Order/Judgment Mailed to Parties |
| 23 | | 08/02/2001
MANDATE |
| 24 | | 08/10/2001
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 25 | | 07/12/2007
EXPUNGED - Nonpermanent record items destroyed |