S-17-1075, Michelle Hill (Appellant) v. AMMC, Inc. d/b/a Morrissey Motor Company
District Court of Lancaster County, Hon. Jodi L. Nelson
Attorneys: Joy Shiffermiller (Appellant) — Robert S. Keith (Engles, Ketcham, Olson & Keith)
Civil: wrongful discharge
Proceedings Below: The district court granted AMMC’s motion to dismiss on the basis of claim preclusion. Hill appeals.
Issues: The district court erred in (1) finding that her action was untimely, and (2) finding that the state court action was precluded due to the federal court determination when the federal court order was not final nor a decision on the merits.
S-17-1075, Michelle Hill (Appellant) v. AMMC, Inc. d/b/a Morrissey Motor Company
District Court of Lancaster County, Hon. Jodi L. Nelson
Attorneys: Joy Shiffermiller (Shiffermiller Law Office, P.C., L.L.O.)(for Appellant) — Robert S. Keith (Engles, Ketcham, Olson & Keith, P.C.)(for Appellee)
Type of case: This is a civil case tried to a judge regarding wrongful discharge.
Proceedings Below: Hill’s initial lawsuit was removed to federal court and the state claims were dismissed as barred by the statute of limitations. Hill later refiled her lawsuit in Lancaster County and the district court granted AMMC’s motion to dismiss on the basis of claim preclusion.
Issues: The district court erred in (1) finding that her action was untimely because it is governed by the 4 year tort statute of limitations, and (2) finding that the state court action was precluded due to the federal court determination when the federal court order was not final nor a decision on the merits.
Facts: AMMC is a car dealership in Lincoln, Nebraska. Hill began working for AMMC in May 2014, first as a receptionist, and later as the finance manager. She resigned in October 2014 after her supervisor began asking her to participate in financing practices which she deemed would be fraudulent and illegal under Nebraska law.
On July 30, 2015, Hill filed a charge of discrimination against AMMC with the Nebraska Equal Opportunity Commission (NEOC) alleging constructive discharge and other violations of the Nebraska Fair Employment Practices Act. The NEOC issued a determination on March 17, 2016, finding no reasonable cause to believe AMMC violated Hill’s rights. The determination informed Hill that she had 90 days to file suit on her state law claims.
Hill filed her initial suit in the district court for Lancaster County on July 14, 2016. It alleged wrongful discharge in violation of Nebraska public policy, as well as claims of employment discrimination under federal law. The matter was removed to federal court. Hill’s state law claims were ultimately dismissed with prejudice by that court on the basis that they were barred by the applicable statute of limitations, Neb. Rev. Stat. § 48-1120.01, because she failed to file suit within 90 days of the NEOC’s decision.
On March 1, 2017, Hill filed a second action in the district court for Lancaster County containing the same factual allegations as her initial action. AMMC moved to dismiss the action on the basis of claim preclusion. The district court granted the motion to dismiss, finding that the federal court’s dismissal of Hill’s state law claims was a final judgment on the merits, in a court of competent jurisdiction, involving the same issues and the same parties, and therefore had preclusive effect on her current action.
Hill now appeals. Both sides submitted written briefs to the Supreme Court. After hearing arguments from both sides at an oral argument before the Supreme Court, the Court will submit the case for disposition, and will issue an opinion in the coming months.