(Download) "Smith v. Ashland" by Eighth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Ashland
- Author : Eighth Circuit U.S. Court of Appeals
- Release Date : January 18, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Appeal from the United States District Court for the District of Minnesota Submitted: December 14, 2000 Sandra Smith appeals from a final order entered in the United States District Court 2 for the District of Minnesota, granting summary judgment in favor of Ashland, Inc., on her claims of discrimination based on race and gender, sexual harassment, and retaliation under the Minnesota Human Rights Act (""MHRA""), Minn. Stat. § 363.01, et seq., and common law battery. Smith v. Ashland, Inc., No. 98-1290 (D. Minn. Feb. 2, 2000) (memorandum opinion and order). For reversal, Smith argues that the district court lacked subject matter jurisdiction. Alternatively, Smith argues that the district court erroneously disregarded relevant evidence establishing a genuine issue of material fact on her MHRA claims. For the reasons stated below, we affirm. Jurisdiction Jurisdiction was originally proper in the district court under 28 U.S.C. § 1331, as a result of Smith's federal race and gender discrimination and retaliatory discharge claims arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, in addition to parallel claims under the MHRA, and a common law claim for battery. On October 15, 1998, the parties stipulated to an amendment of the original complaint, dismissing the federal discrimination claims as untimely but recognizing diversity jurisdiction over the remaining state law claims pursuant to 28 U.S.C. § 1332. Jurisdiction is proper in this court under 28 U.S.C. § 1291. The notice of appeal was timely filed in accordance with Fed. R. App. P. 4(a).