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Ferrari v. E-Rate Consulting Services

United States Court of Appeals for the Middle District of Alabama

655 F. Supp. 2d 1194 (2009)

Facts

Shannon Ferrari (plaintiff) was an employee of E-Rate Consulting Services (E-Rate) (defendant) and thus of Jonathan Slaughter (defendant), E-Rate’s sole owner. Ferrari quit her job on July 27, 2007. On January 10, 2008, Ferrari filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). On January 12, E-Rate and Slaughter filed suit against Ferrari in state court, asserting claims for libel and slander, false light, and intentional interference with contractual or business relations. On February 14, Ferrari filed her answer. On November 16, Ferrari received a notice of her right to sue from the EEOC. On January 21, 2009, Ferrari filed suit against E-Rate and Slaughter in federal court, asserting claims under Title VII for sexual harassment, constructive termination, and retaliation, as well as assault and battery and outrage under Alabama law. On February 16, Slaughter and E-Rate filed virtually identical motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing Ferrari’s suit was barred by the compulsory-counterclaim rule.

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Holding and Reasoning (Fuller, C.J.)

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