Legal Opinion

Maswamba Musikiwamba v. Essi, Inc. And Shalabh Kumar

Court of Appeals for the Seventh Circuit

Decided May 13, 1985No. 83-3268PublishedCited by 178 opinions

1Opinion of the Court

SWYGERT, Senior Circuit Judge.

This case presents a question of first impression in this circuit: does the successor doctrine apply to claims for employment discrimination brought under the Civil Rights Act of 1866, 42 U.S.C. § 1981 (1982)? The district judge held that the doctrine does not apply; accordingly, she dismissed the federal discrimination claims and pendent state law claims against the successor corporation, ESSI, Inc. (“ESSI”) and its president and sole shareholder, Shalabh Kumar. We affirm in part, reverse in part, and remand for further proceedings.

I

Plaintiff Maswamba…

2Cases cited25 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  4. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  5. General Building Contractors Assn., Inc. v. PennsylvaniaSupreme Court of the United States · 1982

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3Cited by178 opinions

  1. Grace v. USCARCourt of Appeals for the Sixth Circuit · 2008
  2. Darrel Smith v. Denise BrayCourt of Appeals for the Seventh Circuit · 2012
  3. Upholsterers' International Union Pension Fund v. Artistic Furniture of PontiacCourt of Appeals for the Seventh Circuit · 1990
  4. Volk v. ColerCourt of Appeals for the Seventh Circuit · 1988
  5. In re Motors Liquidation Co.District Court, S.D. Illinois · 2018

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

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