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7th Circuit rules in favor of Locke Reynolds

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Indianapolis law firm Locke Reynolds has won an appeal in a case with a former paralegal who sued over allegations that she was fired because of her race.

The 7th Circuit Court of Appeals in Chicago issued a 13-page decision Wednesday afternoon affirming the summary judgment in favor of the law firm. U.S. District Judge John Tinder had ruled against the plaintiff in March 2006.

Marcella Fane, who worked as a paralegal for about two years in the toxic tort/asbestos practice group, filed a claim with the EEOC after she was terminated in August 2003 for rude and improper behavior toward colleagues and insubordination toward a senior partner.

In reaching their decision, the circuit panel cited examples of rude and inappropriate e-mails Fane sent to fellow paralegals, as well as conduct toward clients in conversations and written communications. Another example was how she directed a senior partner – her boss – to "come in, have a seat, and shut the door" – conduct the circuit judges noted she did not think was inappropriate.

"Fane's failure to live up to the firm's expectations was amplified by her inability to evaluate her own behavior, including the manner in which she addressed a senior partner," Judge Joel Flaum wrote in the opinion. "Even if Fane could establish a prima facie case of discrimination, she has failed to provide evidence from which a jury could conclude that the firm 's proffered reasons for terminating her were pretextual."

Fane's attorney, Bobby Potters of Indianapolis, could not be reached Thursday for comment, but attorneys at Locke Reynolds say they are pleased with the outcome.

"We did not feel there was any basis; now we have two courts confirming that there was no evidence supporting those allegations," said Jim Dimos, a partner on the firm's management committee. "We've always prided ourselves on being a good place to work for all people in the community. This is an affirmation of what we do."

Read the full opinion of Marcella Fane v. Locke Reynolds, 06-2200.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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