Jackson v. Chubb Corp.
Jackson v. Chubb Corp.
Opinion of the Court
OPINION OF THE COURT
On September 15, 1998, Marie Jackson filed suit against Chubb Corporation, Chubb & Son, Inc., a division of Federal Insurance Company, and 16 individual employees, alleging race, gender, and age discrimination in the workplace.
Jackson first argues that the District Court erroneously dismissed, pursuant to Fed.R.Civ.P. 12(b)(6), all but a few of her NJLAD claims on statute of limitation grounds.
Jackson also argues that the District Court erred when it affirmed the Magistrate Judge’s denial of her motions seeking additional discovery.
Finally, Jackson argues that the District Court erred when it dismissed the Chubb Corporation as a defendant. The District Court found that the Chubb Corporation was not a proper party to the suit because it was a separate and distinct entity from its subsidiary, Chubb & Son, Inc., which was Jackson’s actual employer. The Court also found that there were no grounds for allowing Jackson to pierce the corporate veil as to the Chubb Corporation. Because we have found that the subsidiary, Chubb & Son, Inc., is not liable, it follows that its parent company, Chubb Corporation, cannot be held hable. Thus, this claim is moot.
We will affirm the orders of the District Court.
. Jackson brought suit under myriad provisions of federal, New Jersey, and New York law, including: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII”); the Civil Rights Act of 1866, 42 U.S.C. § 1981 ("Section 1981”); the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. ("ADEA”); the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (“ERISA”); the Thirteenth and Fourteenth Amendments of the United States Constitution; the New York Human Rights Law, N.Y. Exec. Law § 290, et seq. (McKinney 2000) ("NYHRL”); and the New Jersey Law Against
. Jackson does not challenge numerous other decisions of the District Court — many of which were part of the orders she challenges. All grounds of appeal related to those unchallenged decisions — whether within or without the challenged orders — are waived on appeal. Kost v. Kozakiewicz, 1 F.3d 176, 182 (3d Cir. 1993); see also Kirschbaum v. WRGSB Assoc., 243 F.3d 145, 151 n. 1 (3d Cir. 2001); F.D.I.C. v. Deglau, 207 F.3d 153, 169 (3d Cir. 2000).
. "We exercise plenary review over the District Court’s dismissal under Fed.R.Civ.P. 12(b)(6).” Brown v. Philip Morris, Inc., 250 F.3d 789, 796 (3d Cir. 2001).
. Consequently, Ali v. Rutgers does not change the result here. 166 N.J. 280, 287, 765 A.2d 714 (2000) (holding that a six-year statute of limitations applies in cases where the operative facts arose both before and after July 27, 1993).
. Jackson makes a "hostile work environment” claim for the first time on appeal. Because she failed to raise this claim below, however, it is waived on appeal. Even if the claim were not waived, Jackson fails to cite to evidence that would support it.
. "This Court's review of the District Court's grant of summary judgment is plenary, and the record is judged by the same standard district courts use.” Watson v. Eastman Kodak Co., 235 F.3d 851, 854 (3d Cir. 2000). It is well-settled that we must view the evidence in the light most favorable to the non-moving party. Hancock Industries v. Schaeffer, 811 F.2d 225, 231 (3d Cir. 1987).
. "We review the District Court's order affirming the magistrate judge's decision denying discovery ... under an abuse of discretion standard.” Anjelino v. New York Times Co., 200 F.3d 73, 88 (3d Cir. 1999). The District Court may reverse a magistrate judge's ruling regarding a non-dispositive issue such as discovery only if it is "clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A).
. In any event, we do not find that the District Court abused its discretion when it found that the orders of the Magistrate Judge denying additional discovery were not clearly erroneous or contrary to law.
Reference
- Full Case Name
- Marie N. JACKSON v. CHUBB CORPORATION Chubb & Son, Inc. Federal Insurance Company Pat Hurley Michael Marinaro George Fay Doris Johnson Malcolm Burton Jeff King Kim Hogrefe Brian Kirstiansen Susan Gaffney Ed Ellis Jim Gardner John Degnan Ed Spell Sylvester Green Ron Goldstein Aaron Goldstein
- Cited By
- 7 cases
- Status
- Published