Latest news with #Scroggins
Yahoo
20-05-2025
- Yahoo
Former Menards worker can arbitrate claim despite Ending Forced Arbitration Act, 6th Circuit says
This story was originally published on HR Dive. To receive daily news and insights, subscribe to our free daily HR Dive newsletter. A former forklift driver for home improvement chain Menards is not exempt from arbitrating her sex harassment claim under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) because she 'repeatedly and unequivocally told the district court that the arbitration agreement applied to this dispute,' the 6th U.S. Circuit Court of Appeals held May 12. Per court documents in Scroggins v. Menard, Inc., the driver worked in Ohio. She alleged that several months into the job, an assistant plant manager slammed a door in her face, disparagingly asking if he was 'supposed to hold a door open for you because you are a woman?' He later allegedly yelled at her in an attempt to intimidate her and interfere with her work, then followed her out of the office continuing to yell until a co-worker intervened, the lawsuit said. The driver alleged she reported these incidents to HR but no action was taken and she was fired shortly thereafter. She sued Menards, alleging sex harassment in violation of Ohio law, among other things. Menards moved to compel arbitration pursuant to a mandatory arbitration agreement. The district court denied the motion based on the EFAA. The 6th Circuit reversed and ordered the court to stay the lawsuit pending arbitration. The EFAA provides that, ''at the election of the person alleging conduct constituting a sexual harassment dispute,' a preexisting arbitration agreement need not control the forum and manner of dispute resolution,' the 6th Circuit explained. Here, the forklift driver repeatedly told district court that the arbitration agreement she signed was valid, enforceable and applied to her claims against Menards, the appeals panel noted. However, without notice to or input from the parties, the district court raised the EFAA on its own initiative, the 6th Circuit said. The lower court then decided the statute applied and the lawsuit should be stayed, without explaining why the driver's concessions should be disregarded, the appeals panel added. In overriding the driver's deliberate waiver of the EFAA, the district court abused its discretion, and the case had to be stayed in favor of arbitration, the 6th Circuit held. The circuit covers Ohio, Michigan, Kentucky and Tennessee. Although the ruling focused mostly on legal strategy, the case also reminds employers how the EFAA can affect enforcement of mandatory arbitration agreements with respect to sexual harassment claims. Signed into law by former President Joe Biden in March 2022, the EFAA prohibits forced arbitration of sexual harassment and sexual assault claims, allowing, as one of its primary goals, alleged victims to speak publicly about their experiences. In at least two recent cases, employees subject to mandatory arbitration agreements were able to bring their sexual assault claims to court. In April 2024, citing the EFAA, a Texas appeals court refused to require a participant on the Netflix show 'Love is Blind' to arbitrate her claim that a fellow participant sexually assaulted her. A few months later, in August 2024, the 8th Circuit became the first federal court of appeals to apply the EFAA to deny a motion to compel arbitration of an employee's sexual assault claim. The case involved a Chipotle employee who alleged a co-worker sexually assaulted her in the restaurant's bathroom.
Yahoo
14-05-2025
- Yahoo
Witnesses put suspected drunk driver's speed at 90-100 mph before fatal St. Paul crash
A St. Paul motorist was under the influence of alcohol and going over 100 mph when he blew through a red light and crashed into a sport-utility vehicle and killed the driver, according to a criminal complaint filed Tuesday. The collision happened just after 7:30 p.m. Sunday at the intersection of Dale Street and Arlington Avenue. Marvin Martin Scroggins, 42, of St. Paul, was the crash victim and died at the scene, police said Tuesday. Motorist Paw Moo Htoo, 30, of St. Paul, was injured and remained hospitalized at Regions Hospital as of Tuesday afternoon, according to the Ramsey County District Court complaint charging him by warrant with criminal vehicular homicide as a result of operating a motor vehicle in a negligent manner while under the influence of alcohol. Police officers called to the scene at 7:37 p.m. found Scroggins unresponsive and trapped inside his Volvo XC90. The driver's side of the SUV had a 'large, catastrophic impact area' and rested on the front part of a Honda Accord, the complaint says. Scroggins, who was still in his seatbelt, was extricated from the Volvo, which had deployed airbags. Medics worked on Scroggins inside an ambulance, but he was pronounced dead at 8:08 p.m. The Honda had severe front-end damage consistent with having crashed into the SUV, the complaint says. Htoo was seated on the grass and smelled of alcohol. He had blood on his arms and hands, and he did not answer when asked if he needed medics. When asked about the crash, Htoo said, 'I was not driving. I was not the driver,' the complaint says. One witness told police she was driving north on Dale Street and saw the Honda going west on Arlington Avenue at what she estimated to be 90 mph. When the Volvo entered the intersection to go south on Dale Street, the Honda crashed into it without stopping, the witness said. The posted speed limit on Arlington Avenue is 25 mph. Another witness estimated the Honda had been going 100 mph. The driver climbed out the car from the driver's window, the witness told police, adding no one else got out of the car. The witness believed the driver, whose speech was slurred, was trying to leave the scene. Bystanders got him to sit down at the scene. Man shot by St. Paul officer during search after sex assault gets 35-year sentence Mounds View deaths of 2 men investigated as murder-suicide Menendez brothers' attorneys call cousins, ex-judge and ex-inmate to testify for their release 2 found fatally shot in Mounds View home Arson at TCAAP bunkers in Arden Hills under investigation Two other witnesses who had been walking in the area told police they saw the Honda driver going around 50 mph prior to the crash. One said he did not stop before approaching the intersection, which had red flashing lights in all directions, and crashed into the Volvo in the middle of the intersection. Officers found nine empty beer cans inside Htoo's Honda. Htoo was transported to Regions Hospital, where he had emergency surgery for his injuries. A blood sample was collected from Htoo for testing by the Minnesota Bureau of Criminal Apprehension; results weren't back as of Tuesday. Preliminary distance and speed calculations by law enforcement indicate Htoo was traveling more than 100 mph at the time of impact, the complaint says.
Yahoo
25-02-2025
- Yahoo
DoorDash driver mauled by 2 dogs in DeFuniak Springs
DEFUNIAK SPRINGS, Fla. (WKRG) — A DoorDash delivery driver was severely injured in a dog attack while making a delivery last Tuesday in DeFuniak Springs, Florida. Teresa Scroggins was dropping off an order at a home when two dogs charged at her. The dogs attacked her head, legs and arms — leaving her with severe injuries. FCC Chairman climbs WKRG broadcast tower to highlight, promote industry According to the Walton County Sheriff's Office, Scroggins told deputies that when the homeowner opened the door, the dogs rushed out and immediately latched onto her arms and legs. She managed to escape but collapsed outside the home where the homeowner and a witness attempted to help before emergency responders arrived. Due to the extent of her injuries, Scroggins was airlifted to HCA Florida Fort Walton-Destin Hospital. She was later transferred to Tampa for further treatment. The dogs' owner voluntarily surrendered them to Walton County Animal Control without dispute, according to authorities. Walton County Animal Control is holding the dogs for a standard 10-day observation period to check for rabies and ensure public safety. After this observation, the dogs will be euthanized. Officials did not file charges against the dogs' owner as there was no evidence of prior aggression or negligence. Scroggins' family shared photos of her injuries, but some were deemed too graphic for public release. A law enforcement report describes the injuries as deep wounds and punctures to her head, arms and lower body. Officials noted that she was bleeding heavily when first responders arrived. Authorities said this case underscores the importance of responsible pet ownership and ensuring large or aggressive breeds are properly contained when visitors arrive. Dogs of this size and strength require proper training and control as improper handling can lead to serious incidents. Florida law holds pet owners liable for attacks if negligence is involved, but since the dogs had no reported history of aggression, no citations or legal actions were issued in this case. Animal control officials are urging residents to take extra precautions with large dogs to prevent similar incidents. As of now, Scroggins remains in a Tampa hospital receiving medical treatment. Her family has not publicly shared specific details about her recovery. Mobile couple has gender reveal during Mobile Mystics parade The DoorDash community has expressed support with some drivers saying they feel unsafe delivering to homes with large dogs. Authorities said no further investigation is expected, and the dogs will be euthanized once the observation period ends. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
