Legal Opinion · Concurrence

Trosper v. Bag 'N Save

Nebraska Supreme Court

Decided July 6, 2007No. S-05-889Published

1Concurrence

Gerrard, L,

concurring.

I join fully in the majority opinion. I write separately to address two issues raised by the dissenting opinion. The dissent advances these primary contentions: that our holding unwisely expands our retaliatory discharge rule announced in Jackson v. Morris Communications Corp.1 and that the issue of retaliatory demotion should be addressed only by the Legislature. I respectfully disagree. The Legislature certainly could, if it *867chose, follow the example of other states and address the issues presented in this case, but that does not preclude this court from acting upon…

2Cases cited32 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
  3. Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
  4. Tara C. Galabya v. New York City Board of EducationCourt of Appeals for the Second Circuit · 2000
  5. Rochon, Donald v. Gonzales, AlbertoCourt of Appeals for the D.C. Circuit · 2006

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