Spilman recently secured a dismissal, with prejudice, in an employment law matter for our client, a global chemical company. The Plaintiff alleged claims of gender discrimination, hostile work environment, gender harassment, disability discrimination, and retaliation under the West Virginia Human Rights Act. Through a Motion to Dismiss, the Defendants argued that the Plaintiff's claims were barred by the doctrine of res judicata because all facts upon which the Plaintiff based her claims occurred prior to the Court granting summary judgment to Defendants in Plaintiff's prior lawsuit against our client. In response, Plaintiff argued that res judicata did not bar the second lawsuit because the additional misconduct took place after the last date to amend her Complaint as set out in the Scheduling Order in the first lawsuit. The Court rejected this argument and found that it was Plaintiff's failure to seek leave to amend the first Complaint which generated the issue before the Court and which prevented the Court in the first lawsuit from resolving the matter. As a result, the Court dismissed Plaintiff's claims in this, the second lawsuit, with prejudice.

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