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Woman fails to establish age or sex discrimination as reason for termination

A plaintiff who claimed that her employer discriminated against her based on age and sex when it terminated her position failed to establish her prima facie case. Defendant-API established that it used the "same procedures to determine which positions to eliminate . . . without regard to the age or sex of the persons occupying the position[,]" and plaintiff-McCarthy offered no "evidence suggesting that API singled her out or that its proffered reason for terminating her position was pretextual." Her claim for failure to furnish documents as required under ERISA also failed because she did not "trigger ERISA's disclosure requirements" - she did not send the requests to any of the correct addresses she was provided. However, the court reversed the grant of summary judgment to API on McCarthy's fraudulent inducement claim under Ohio state law, concluding that she presented sufficient evidence to create a genuine issue of material fact. API now acknowledged that she "was in fact eligible to receive post-retirement healthcare benefits in August 2008, when she was given the option to retire or to enter the Employment Opportunity Pool." She offered "uncontroverted testimony that she would have chosen to retire in August 2008, rather than participate in the Employment Opportunity Pool, had API told her that she and her husband would receive post-retirement healthcare benefits." Thus, she "could have retired with benefits and a lump-sum termination payment in August 2008, and instead she continued to work until May 2009 without receiving additional compensation." As to her FLSA claim, under the CBA, "the payments that API made . . . were not drawn from 'an existing severance obligation or a set-off to a severance obligation,' as she contends. To be sure, the evidence now shows that she could have received full healthcare benefits and an immediate, lump-sum termination payment had she chosen option one, but that simply means she made an unfortunate choice. McCarthy might be able to show that API fraudulently induced her to make the unfortunate choice, but she cannot import her fraud claim into a separate FLSA claim." API was entitled to summary judgment on her Ohio claims for promissory estoppel and unjust enrichment. Affirmed in part and reversed in part.

DIVORCE 45: Federal law preempts state law such that the parties’ consent judgment is unenforceable to the extent that it required defendant to reimburse plaintiff for the reduction in the amount payable to her due to his election to receive CRSC

BACKGROUND This case involves a dispute between former spouses who entered into a consent judgment of divorce (the consent judgment), which provided that defendant would pay plaintiff 50% of his military retirement benefits. Beyond that, the...

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