Saturday, July 11, 2015

Mom With Kids (In Merck FMLA Case) Forced Into Bankruptcy -- Merck's $68,000 Costs Motion -- As Proximate Cause?

I just take a moment here -- over my Saturday coffee, banana and OJ -- to note that the non-prevailing plaintiff/mom in Merck's Spring 2015 FMLA and pregnancy discrimination case (in New Jersey federal district court), has seen all her replies and appeals stayed. That is, all efforts by Merck to collect the $68,000 -- and all her efforts to appeal the adverse decisions at trial -- are now on hold.

The automatic stay provisions of the federal Bankruptcy Code are the reason. She has (as of early July) sought protection from Merck (likely under Chapter 7), as an inchoate litigation creditor, there. It is now very unlikely that Kenilworth will ever collect a dime from her -- unless Merck's lawyers can show fraud or deception in the filing of the bankruptcy -- or in the underlying FMLA case. Not likely, sez me.

. . . .June 2015 | Appellate Case Filing (Stayed): USCA Case No. 15-2619. . .

Personally, I think Merck ought to just let this one. . . go. This is now chasing a plainly losing cause, all Don Quixote like. At least to my eye, it is so. . . Onward -- to the workout, massage, and dinner with another old college roomie! Be excellent to one another.

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