Anderson v. Meyer Broadcasting Co.
Colleen Anderson, Plaintiff and Appellant
Meyer Broadcasting Company, Defendant and Appellee
North Central Judicial District,
Judge Robert W. Holte
|Nature of Action:||Employer/Employee Dispute|
|Term:||03/2001  Argument: 03/26/2001|
|ND cite:||2001 ND 125|
630 N.W.2d 46
Listen to recording of oral argument in MP3 format
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|
|24||08/10/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|25||07/12/2007 EXPUNGED - Nonpermanent record items destroyed|