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Firm News

March 9, 2009

AALRR Attains Four Victories in Employment Cases for Ralphs Grocery and Kroger


In the past eight months, AALRR has achieved a remarkable series of litigation wins in employment lawsuits filed against Ralphs Grocery Company or its corporate parent, The Kroger Company. During this time, the firm prevailed in a binding arbitration, a federal appeal, a jury trial, and a motion for summary judgment.

In March, Ralphs prevailed in a binding arbitration of a sexual harassment case before an independent arbitrator selected by the parties. The three-day arbitration resulted in a complete vindication of Ralphs on all claims raised by the plaintiff, who worked for Ralphs as a deli clerk. The arbitrator concluded that the plaintiff participated in the vulgarities and gestures she later depicted as sexual harassment. The case was handled by AALRR partner Irma Rodríguez Moisa and associate Amber Solano.

Also in March, the 9th Circuit Court of Appeals affirmed the grant of summary judgment to Kroger in a race discrimination case.  In the proceedings below, a United States District Court Judge ruled that the plaintiff, who interviewed but was not selected for an information technology job at a Kroger manufacturing facility, did not have sufficient evidence to proceed to trial. The case was handled by AALRR partner Nate Kowalski and associate Susan Rodriguez.

In October 2008, Ralphs prevailed in a jury trial before a Los Angeles Superior Court Judge. After a five-day jury trial, the jury deliberated for less than two hours before returning a verdict in favor of Ralphs, resoundingly rejecting the sexual harassment claims raised by the plaintiff, a former Ralphs grocery clerk. This case was handled by AALRR partner Irma Rodríguez Moisa and associate Amber Solano.

In August 2008, Ralphs was awarded summary judgment in a wrongful termination action. In this case, a Los Angeles Superior Court Judge concluded that a former Ralphs truck driver had been terminated for insubordination, not for making safety complaints as he claimed. The case was handled by AALRR partner Nate Kowalski and associate Jay Trinnaman.

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