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38 ¦ MARCH 23, 2020 CONNECTICUT OPINIONS

conditions for use of the “website” rather than concern about his teaching on issues such as
for participation in the promotion. The court the Civil War, slavery, and race, he was re-
denied the motion to compel. moved from his position, and was reassigned
as a long-term substitute teacher at another
school for the remainder of the school year.
CONTRACTUAL DISPUTES Plaintiff applied for a number of positions

Court Grants in Part and Denies in over a four-month period but he was unable
Part Motion to Dismiss Compel to secure a position at any other school. He
was later placed in one school as a long-term
substitute teacher, however he was termi-
Arbitration nated from that position. Plaintiff brought

CASE: Billie v. Coverall N. Am., Inc. claims for violations of the Civil Rights Act
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:19-CV-0092 for disparate treatment, hostile work environ-
ment, and retaliation, and defendant moved
COURT OPINION BY: Hall for summary judgment. Defendant argued
DATE: March 11, 2020 • PAGES: 34
that there was insufficient evidence to infer
Plaintiffs entered into a janitorial franchise discrimination and there were legitimate rea-
agreement with defendants allowing them to sons for his removal which were not pretex-
find work in commercial cleaning. Defendants tual as he showed through interviews that he
exercised considerable control over price points was not qualified to hold substitute teach-
charged and amounts paid to cleaning work- ing positions. The court found comments
ers, but classified plaintiffs as independent made by others while at his initial position
contractors who paid franchise fees. Plaintiffs and the deviation from procedure of remov-
brought this claim alleging they misclassi- ing him early supported an inference of dis-
fied plaintiffs as independent contractors and crimination, and the court denied summary
withheld portions of their wages. Defendants judgment as to his first teaching position.
brought a motion to dismiss or compel arbi- However, the court found plaintiff was un-
tration. Defendants argued the court lacked able to show he was discriminated against in
personal jurisdiction because they were not his other position opportunities, and granted
actually a party to the franchise agreements. summary judgment as to the remainder of
However the court disagreed, finding defen- his claims. The court also granted summary
dants exercised control over the plaintiffs, es- judgment as to his hostile work environment
tablishing minimum contacts with the forum. and retaliation claims.
Defendants argued the franchise agreements
expressly provided for mandatory arbitration,
and plaintiffs argued the arbitration clause INSURANCE LITIGATION

was unconscionable. The court found the ar- Court Denies Motion to Reconsider
bitration clause was not unconscionable, and
granted the motion to compel, but denied the for Disagreement on Definition of
motion to dismiss. “Object”

EMPLOYMENT LITIGATION CASE: SKM Rest., Inc. v. James River Ins. Co.
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:19-CV-0588
Court Denies Summary Judgment on COURT OPINION BY: Hall
Discrimination Claim in Employment DATE: March 10, 2020 • PAGES: 5
Dispute
Plaintiff operates a bar and concert venue that
hosted a show, during which fake blood was
sprayed from the stage and caused an injury to
CASE: Bracey v. Waterbury Bd. of Educ. a patron. Plaintiff was sued by the patron, and
COURT: U.S. District Court for Connecticut defendant, plaintiff ’s insurer, refused payment
DOC. NO.: 3:17-cv-1100 on the basis that the underlying lawsuit was
COURT OPINION BY: Underhill
DATE: March 05, 2020 • PAGES: 25 excluded from the policy’s coverage. Plaintiff
Plaintiff was an African-American elemen- brought a breach of contract claim against the
tary school substitute teacher employed with defendant, and the court found in favor of de-
defendant. After several parents expressed fendant on the basis that liquid blood was an

CONNECTICUT
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