Premium Essay

Olaes V. Nationwide Mutual Insurance Company

In:

Submitted By nb011
Words 423
Pages 2
OLAES v. NATIONWIDE MUTUAL INSURANCE COMPANY

ISSUE: Can the defendant show that the cause of action triggering the claim is justifiable under the section 425.16, subdivision (e) of the California Strategic Lawsuit Against Public Participation statute?
Facts: In 2001, an employee from Nationwide Mutual Insurance Company complained about unwelcomed comments and touching from a fellow co-worker, Olaes. In May 2003, another woman complained about unwanted touching by the plaintiff, Olaes. Nationwide Mutual terminated Olaes. Olaes filed a complaint alleging Nationwide Mutual falsely accused him of sexual harassment and failed to adequately investigate prior to his termination.
Discussion: A female employee of Nationwide Mutual complained about a fellow co-workers unwelcomed advance upon her. Nationwide conducted an investigation of the matter and found another female employee was having the same complaints against the same co-worker, Danny Olaes. Mr. Olaes has filed a lawsuit against Nationwide stating that he was falsely indicted of sexual harassment and Nationwide did not complete a proper investigation before terminating him. Nationwide Mutual followed up with special motion to strike Olaes’s complaint, asserting that the lawsuit arose out of Nationwide’s exercise of its right to free speech on an important public issue, sexual harassment. The trial court denied Nationwide’s motion and Nationwide appealed. The statutory (section 425.16) definition is at question and the plaintiff and defendant have different interpretations of what this section means and covers.
Decision: Nationwide Mutual argued that the statue applied because the reference to “any other official proceeding authorized by law” includes non-governmental proceedings such as sexual harassment procedures authorized and required by law. The trial court disagreed with Nationwide’s definition

Similar Documents

Premium Essay

Persuasive Speech

...dangers involved with texting while driving and persuade them to stop allowing their phone take their mind off the road using the Monroe’s Motivated Sequence. Body First and foremost, texting while driving has become such a big issue among teenagers. Texting, in general, has become the thing to do. Student’s text now more than they talk on the phone. DWT has become most common in kids. A study conducted by Nationwide Mutual Insurance that was released this year found that 19% of all drivers -- and 37% of drivers between the ages of 18 and 27 ---text message behind the wheel. Secondly, the importance of not texting while driving is obvious; we all want to make it to our destination safely. According to SADD (Students Against Destructive Decisions) and Liberty Mutual Insurance Group, instant and text messaging while driving leads the list as the biggest distraction while driving. The study, released in July 2007 and conducted with more than 900 teens from 26 high schools nationwide, revealed that text-messaging while driving is becoming as dangerous as drinking and driving, in terms of inhibiting a teen’s driving abilities. Yet even while 37 percent of teens rated text messaging while driving as “extremely” or “very” distracting, they continue to send and receive text messaging in their moving vehicles anyway, the study reported. Now that we know that teenagers are the most involved...

Words: 319 - Pages: 2