No-Cause in Disability-Discrimination Suit Against Oil Company
John McCusker, with assistance from Alicyn Craig, Suzanne Murphy and in-house counsel Patrick Conlon, successfully tried an employment case to a no-cause verdict on behalf of a Fortune 2 oil company and a supervisor. Two Ph.D. research engineers—one current and one former employee—claimed that the company discriminated against them for alleged disabilities and that their supervisor created a hostile work environment. The case was removed to federal court and the parties engaged in extensive discovery practice, including nearly 25 days of deposition testimony. At the close of discovery, the defense team moved for summary judgment and obtained a dismissal of the plaintiffs’ claims. The defense team also was successful in having the plaintiffs sanctioned for numerous discovery-related infractions. The plaintiffs refiled suit in state court in 2010. The defense again was successful on summary judgment, resulting in the dismissal of one plaintiff’s claims in the entirety and the significant limitation of the other plaintiff’s claims. After a three-week trial, the jury returned the no-cause verdict, dismissing the remaining plaintiff’s claim.