[IPAC-List] Here we go again- New Haven Firefighter Files Lawsuit

[Dettling, Aaron]

Not so fast.  I read what Kennedy wrote, but the Court held in Martin v. Wilks (1989) that a person not made a party to a judgment cannot have his rights adjudicated thereby.  This is going to be VERY interesting.

Aaron L. Dettling
Balch & Bingham LLP
1901 Sixth Avenue North, Suite 1500
Birmingham, Alabama 35203-4642
(205) 226-8723 - Phone
(205) 488-5699 - Fax
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-----Original Message-----
From: ipac-list-bounces at ipacweb.org [mailto:ipac-list-bounces at ipacweb.org] On Behalf Of Pluta, Paul
Sent: Friday, October 16, 2009 2:46 PM
To: Richard Arwood; IPAC-List at ipacweb.org
Subject: Re: [IPAC-List] Here we go again- New Haven Firefighter Files Lawsuit

Not to worry.  The City can file a motion for summary judgment based on the outcome of the SC case.  It should not be a problem because the SC already declared there was insufficient evidence to indicate the test is not job related or consistent with a business necessity.

Paul E. Pluta, ABD, SPHR

-----Original Message-----
From: ipac-list-bounces at ipacweb.org
[mailto:ipac-list-bounces at ipacweb.org] On Behalf Of Richard Arwood
Sent: Friday, October 16, 2009 12:26 PM
To: IPAC-List at ipacweb.org
Subject: [IPAC-List] Here we go again- New Haven Firefighter Files Lawsuit

Now, a black firefighter has filed a lawsuit, claiming that the test was weighted improperly, and therefore bias.

I wonder how this filing is treated against the "300 days to file" rule, given that the test was given in 2003.  Perhaps the final list was not certified until after the recent Supreme Court case.  Oh, well!


Read about it here.

http://www.nhregister.com/articles/2009/10/16/news/new_haven/a1_--_brisc
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xt


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Richard Arwood, Fire Chief (retired -Memphis, TN) Collierville, TN

Join with us at:         http://www.iracing.com/

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