Legal Opinion

Karen Auday v. Wet Seal Retail, Inc.

Court of Appeals for the Sixth Circuit

Decided October 25, 2012No. 12-5057PublishedCited by 51 opinions

1Opinion of the Court

OPINION

SUTTON, Circuit Judge.

Karen Auday had a bad week. To start, her employer, Wet Seal Retail, fired her, a decision she believes was based on age. Four days later, she and her husband filed for bankruptcy. Auday now attempts to sue Wet Seal for age discrimination, but the claim became property of her estate when she entered bankruptcy. We thus must vacate the judgment and return the case to the district court either to allow Auday to dismiss the action without prejudice or to allow Auday to amend the complaint.

In December 2008, according to the complaint, Auday started work at a Wet Seal…

2Cases cited7 opinions

  1. Charles W. Bauer, Jr. And Nellie P. Bauer, Robert H. Waldschmidt, Trustee v. Commerce Union Bank, Clarksville, Tennessee and Kenneth C. BainesCourt of Appeals for the Sixth Circuit · 1988
  2. White v. Wyndham Vacation Ownership, Inc.Court of Appeals for the Sixth Circuit · 2010
  3. Reed v. City of ArlingtonCourt of Appeals for the Fifth Circuit · 2011
  4. Morton v. GTE Southwest Inc. (Wieburg)Court of Appeals for the Fifth Circuit · 2001
  5. Asher v. Unarco Material Handling, Inc.Court of Appeals for the Sixth Circuit · 2010

2 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Lamont Wilson v. Dollar General CorporationCourt of Appeals for the Fourth Circuit · 2013
  2. Patrick Rugiero v. Nationstar Mtg LLCCourt of Appeals for the Sixth Circuit · 2014
  3. Nicholas v. Green Tree Servicing, LLCDistrict Court, D. Maryland · 2016
  4. Ukrainian Future Credit Union v. Garak (In re Garak)United States Bankruptcy Court, E.D. Michigan · 2017
  5. Bone v. Taco Bell of America, LLCDistrict Court, W.D. Tennessee · 2013

46 more not listed; retrieve them via the Exa API.

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