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Vickey Kraus v. Presidio Trust Facilities (9th Cir. - July 23, 2009)

By Shaun Martin

No published opinions from the Ninth Circuit today. And no new opinions published from the California Courtof Appeal (at least as of 2:00 p.m.) either.

So let's go back a couple months and see if we can dredge up something interesting. Like, say, an example of how you can dredge up a lawsuit -- or at least a plethora of claims. Like Vickey Kraus did when she wanted to sue her employer.

"According to her complaint, Kraus is African American, female, a lesbian, and an individual disabled due to dyslexia, emotional distress, anxiety, depression, a back injury with sciatica, and brain damage caused by lead poisoning. . . . She alleges that she was discriminated against on various occasions because of her race, gender, sexual orientation, and disabilities, and was retaliated against on the basis of her participation in the discrimination complaint process."

That pretty much covers all the bases, doesn't it?

(Making allegations, however, doesn't get you cash. Kraus does gets a remand for some of the claims the district court erroneously held were not exhausted, but loses a large portion of her claims on the merits and in a contemporaneously-filed memorandum disposition.)

Full post as published by California Appellate Report on September 25, 2009 (boomark / email).