Swaida v. Gentiva Health Services
United States District Court for the District of Massachusetts
238 F. Supp. 2d 325 (2002)
- Written by Marissa Richardson , JD
Facts
Cynthia Swaida (plaintiff) was terminated from her employment by Gentiva Health Services (defendant) on October 17, 1997. On October 17, 2000, Swaida filed a civil action against Gentiva in a Massachusetts state court, claiming she had been terminated in retaliation for her cooperation with a federal investigation. Gentiva removed Swaida’s action to federal court and moved to dismiss on the ground that the action failed to state a claim. Swaida never filed a response, and on March 1, 2001, the court granted Gentiva’s motion. On May 10, 2002, Swaida filed a new action regarding the same 1997 termination in federal court. This time, however, Swaida claimed Gentiva terminated her based on her age, in violation of the Age Discrimination in Employment Act as well as a Massachusetts antidiscrimination statute. Gentiva moved to dismiss Swaida’s new action, arguing it was precluded by the doctrine of res judicata.
Rule of Law
Issue
Holding and Reasoning (Keeton, J.)
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