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Article

13 Dec 2011

Author:
Sara Randazzo, Am Law Daily [USA]

New York Judge Rules Law Partner Not an Employee, Can't Sue for Age Discrimination [USA]

A favorable decision for Holland & Knight in a long-running dispute over its termination of a former partner could make it harder for other law firm partners to sue over allegedly unfair treatment...John Weir has been battling his former firm since 2002, when he was expelled from the partnership at age 55 over what the firm claims was a disagreement about the direction of its labor and employment practice, according to court papers...Weir initially sued Holland & Knight in 2005...claiming the firm let him go because of his age and because it didn't want to pay the retirement benefits...New York Supreme Court Justice Marcy Friedman ruled on summary judgment...dismissing Weir's entire complaint, which included claims of age discrimination and retaliation, breach of fiduciary duties, breach of contract, and fraudulent inducement...Weir, Friedman said, did not pass the Clackamas test, nor did he "submit any evidence to show that he was not a bona fide partner" with some degree of control over the firm.