BERRY'AN

v.

HUGHES AIRCRAFT CO. ET AL.

Citator

Cited By (23 total)

• Nat'l Ass'n FOR THE Advancement OF Colored People (NAACP) v. Hunt, 891 F.2d 1555 (11th Cir. 1990)
  …ered by a court of competent jurisdiction. Identity of parties concerns two sets of persons. The first set is comprised of those persons who were actual parties in the original action. Lary v. Ansari, 817 F. 2d 1521, 1523 (11th Cir.), cert. denied, 484 U.S. 964, 108 S.Ct. 454, 98 L.Ed.2d 394 (1987). Appellant Alvin Holmes clearly falls into this category. He was the plaintiff in Holmes v. Wallace; he is a plaintiff/appellant in this action. The second set of persons to whom res judicata applies is compos…
• Berger v. Edgewater Steel Co., 911 F.2d 911 (3d Cir. 1990)
  …constructive discharge occurs only if the plaintiffs show they “would have been fired (in violation of the ADEA) had they turned down the offer of early retirement.” See Henn v. National Geographic Soc’y, 819 F. 2d 824, 830 (7th Cir.), cert. denied, 484 U.S. 964, 108 S.Ct. 454, 98 L.Ed.2d 394 (1987). In this case, Edgewater’s conduct, which consisted of informing the Employees of the proposed Plan amendments that would eliminate the special payment and $330 per month supplement, does not rise to the level…
• Porter H. Mitchell v. Mobil OIL Corp., 896 F.2d 463 (10th Cir. 1990)
  …ves -and continued work under the same conditions, however, does not result in constructive discharge because the employee is no worse off whichever option the employee chooses. Henn v. Nat’l Geographic Soc’y, 819 F. 2d 824 (7th Cir.), cert. denied, 484 U.S. 964, 108 S.Ct. 454, 98 L.Ed.2d 394 (1987); Schuler v. Polaroid Corp., 848 F. 2d 276 (1st Cir.1988). Mobil claims that since Mr. Mitchell did not establish a prima facie case of age discrimination by constructive discharge, the trial court erred in reje…