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Torts
Invasion of Privacy
Employee Polygraph Protection Act

M.G., et al. v. Metropolitan Interpreters And Translators Inc., J.C. L.L., R.P., M.L., B.A., United States of America, Eileen Zeidler, Sondra Hester, Darek Kitlinski, William R. Sherman

Published: Dec. 13, 2014 | Result Date: Oct. 24, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:13-cv-01891-JM-MDD Summary Judgment –  Granted in part

Court

USDC Southern District of California


Attorneys

Plaintiff

Eugene G. Iredale
(Iredale & Yoo APC)

Julia Yoo
(Iredale & Yoo APC)


Defendant

Erin C. Witkow

Maura Kingseed

Paul L. Starita
(Singleton Schreiber)

Ernest Cordero Jr.
(Office of the U.S. Attorney)

Yoanna Binder


Facts

M.G. and several other plaintiffs sued Metropolitan Interpreters And Translators Inc. and numerous individual defendants for claims arising under the Employee Polygraph Protection Act.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs were linguists employed by defendant Metropolitan. Plaintiffs alleged that Metropolitan provided translators as well as transcription and interpretation services to the law enforcement community, government agencies, and private corporations nationwide.

Plaintiffs alleged that, as part of its contract with the Drug Enforcement Administration and Immigration and Customs Enforcement in San Diego, plaintiffs were required to take polygraph exams. Plaintiffs alleged that their refusal to do so or a failing/inconclusive test result warranted termination. Plaintiffs alleged that such a requirement was unlawful.

Plaintiffs asserted claims for violations of the Employee Polygraph Protection Act, civil conspiracy, fraud, negligent misrepresentation, intentional infliction of emotional distress, negligence, and permanent injunction. Plaintiffs moved for summary judgment.

DEFENDANTS' CONTENTIONS:
Defendants moved for partial summary judgment on plaintiffs' EPPA claims.

Result

The court granted summary judgment in favor of certain individual defendants on plaintiffs' EPPA and punitive damages claims. The court then granted summary judgment in favor of plaintiffs on the EPPA claims asserted against Metropolitan and one individual defendant, J.C.


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