From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
Offering to pay a witness to provide false testimony in a lawsuit alleging discrimination and retaliation merited dismissal as a sanction, a federal appeals court in Illinois ruled Dec. 30 ( Ramirez v. T&H Lemont, Inc. , 2016 BL 435257, 7th Cir., No. 16-1753, 12/30/16 ).
Armando Ramirez accused T&H Lemont Inc. of subjecting him to a hostile work environment because of his Mexican national origin and firing him when he reported it, in violation of Title VII of the 1964 Civil Rights Act. His attorney, who didn’t participate in the misconduct, informed the trial court judge when the attorney received a text message from a witness asking what share he “will receive when the case is settled,” Judge Ilana Diamond Rovner wrote for the U.S. Court of Appeals for the Seventh Circuit.
The appeals court overruled its own precedent that said witness tampering must be proved by clear and convincing evidence or evidence sufficient to produce a firm belief in the truth of the facts. The Seventh Circuit rule now is that showing witness tampering only requires a preponderance of the evidence, a much lower bar to meet. It means the alleged conduct is more likely than not to have occurred and is the same standard required to prevail in most civil lawsuits.
The case was dismissed with prejudice, which means Ramirez can’t file it again. As a result, he may have a meritorious claim for which he is foreclosed from obtaining relief, Rovner said. “But witness tampering is among the most grave abuses of the judicial process, and as such it warrants a substantial sanction,” she wrote, joined by Judges Frank H. Easterbrook and Diane S. Sykes.
James Macchitelli of Schaumburg, Illinois, represented Ramirez. Cinthia Motley of Sedgwick LLP in Chicago represented T&H Lemont.
To contact the reporter on this story: Jon Steingart in Washington at email@example.com
Text of the opinion is available at http://www.bloomberglaw.com/public/document/Armando_Ramirez_v_TH_Lemont_Incorporated_Docket_No_1601753_7th_Ci/1.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)