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North America

ID
1007
Level
Global Region

Middlekauff v. Allstate Insurance Co.

The plaintiff sued her former supervisor and former employer for intentional infliction of emotional distress due to her supervisor’s harassment, which consisted of sexist and belittling remarks over an extended period of time.  The lower courts held that her claim was barred by the Virginia’s Workers Compensation Act, which supplies remedied for injuries by accident, arising out of and in, the course of the employment or occupational disease but excluded any other remedies for such injuries.

Miller v. State, Dep't of Public Safety

Plaintiff alleged that her superior violated the Department of Public Safety’s sexual harassment policy to attempt to pursue a sexual relationship with her. At various times during plaintiff’s employment, her superior had allegedly engaged in sexually harassing behavior towards her. At a later date when plaintiff had received poor performance reviews, claimed that her supervisor made her believe he could save her job if internal investigations against her concerning the reviews did not go well.

Minor Electronically Disseminating Indecent Material to Another Person - "Sexting" Prohibited (Title 11, Chapter 9, General Laws of Rhode Island)

Rhode Island law prohibits minors from knowingly and voluntarily and without threat or coercion using a computer or telecommunication device to transmit an indecent visual depiction of himself or herself to another person. Minors who transmit indecent images of themselves will not be subject to sex offender registration.

Mitchem v. Counts

Mitchem filed a motion for judgment against her former employer, Counts, alleging wrongful discharge in violation of the common law following her refusal to have a sexual relationship with him, as well as several instances of 13.  She argued that her discharge violated Virginia’s policy “that all persons . . .

MKB Management Corp. v. Stenehjem

Red River Women’s Clinic, a subsidiary of MKB Management Corp. was the only abortion provider in the state of North Dakota. MKB Management Corp. challenged a North Dakota law which prohibited abortions following determination of fetal heartbeat. The District Court ruled that the North Dakota law infringed a woman’s constitutional right under the Due Process Clause of the Fourteenth Amendment to terminate pregnancy before viability which was established in Roe v. Wade and Planned Parenthood v. Casey. The United States Court of Appeals for the Eighth Circuit affirmed.

Moge v. Moge

The parties, Polish immigrants, divorced in Canada after approximately 25 years of marriage. The wife had a seventh grade education and no special skills or training. During the marriage, in addition to caring for their 3 children and the house, she worked evenings cleaning offices. After the separation, she was awarded custody of the children and received $150 per month spousal and child support and continued to work cleaning offices. The husband remarried in 1984 and continued to pay support to his former wife.

Molina v. Commonwealth of Virginia

The defendant appealed his convictions for rape and sodomy, arguing that there was insufficient evidence to convict him and that the victim was incapacitated due to voluntary intoxication.  The victim suffered from bipolar disorder and substance abuse. She was found non-responsive and half-naked behind a convenience store with rape-related injuries.

Monge v. Beebe Rubber Co.

Here, the plaintiff worked for the defendant in a union shop and she joined the union as a requirement for her employment. After working without incident for a few months, the plaintiff applied to work a different position for higher pay. The plaintiff’s foreman told her that if she wanted the job, she would have to be nice. The plaintiff got the job. Subsequently, the foreman asked her out and she refused.

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