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,
Northwest 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 1:30pm
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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
using RealPlayer Basic,© a free download.
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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 |