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March 5, 2007
Ohio Supreme Court
| Ohio First District | U.S. 6th Circuit - Ohio |
U.S. 6th Circuit - Other States
TOPICS:
-Employment Law - Ohio state law piercing standards
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Corrigan v. US Steel Corp (March 5, 2007)(Appeal from N.D. Ohio)
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http://www.ca6.uscourts.gov/opinions.pdf/07a0090p-06.pdf
- The plaintiffs, James T. Corrigan and William Watterson, are former
nonunion steel industry employees. After the two men retired, they sued
United States Steel Corp. (U.S. Steel) and Kobe Steel, Ltd., claiming
entitlement to increased retirement benefits and damages for age
discrimination. Neither defendant was ever the plaintiffs' direct employer.
The district court granted summary judgment for the defendants, holding that
on both claims―retirement benefits and age discrimination―the plaintiffs, to
survive summary judgment, had to demonstrate that they were entitled to
pierce the defendant corporations' corporate veils under Ohio law, and
failed to do so. We affirm the district court's application of Ohio state
law piercing standards, rather than the federal law standards, and we agree
that, as a matter of law, the plaintiffs have not made out a justiciable
case showing the defendants' liability for the enhanced retirement benefits
the plaintiffs claim. However, we also conclude that the district court
erred in finding against the plaintiffs on their state law discrimination
claim because the plaintiffs' veil piercing efforts failed. We hold, rather,
that while the plaintiffs' age discrimination claim against U.S. Steel
required no veil piercing, the claim fails because the plaintiffs have not
shown that they are victims of unlawful age discrimination. Accordingly, we
affirm summary judgment in favor of the defendants.
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