Monday, May 21, 2018

Case of the Day: Manning v. Erhardt+Leimer Inc., 2018 U.S. Dist. 68065 (W.D.N.Y. Apr. 20, 2018)


Plaintiff was a former employee of the defendant, a South Carolina corporation that is a wholly owned subsidiary of a German corporation. Plaintiff alleged he was terminated due to age discrimination, and his job was given to younger employees from India. Plaintiff brought action based on Age Discrimination in Employment Act and the New York State Human Rights Act.

The court granted the motion to dismiss as to the German parent corporation. The court found it had no subject matter jurisdiction, as ADEA did not apply to the foreign parent of a domestic subsidiary. The court also declined to exercise supplemental jurisdiction based on the N.Y. Human Rights Act. The court further held it had no personal jurisdiction over the German parent corporation.


Pretty thin connection to Asia I know, but it is always interesting to see the extraterritorial application (or lack thereof) of a major federal statute like ADEA.

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