Jensen v. Champion Window of Omaha
24 Neb. Ct. App. 929
| Neb. Ct. App. | 2017Background
- Randle S. Jensen was terminated from Champion Window of Omaha and filed discrimination and retaliation charges with the EEOC/NEOC; NEOC issued a right-to-sue notice.
- Jensen sued in federal court asserting Title VII and Nebraska Fair Employment Practice Act claims; the federal court granted summary judgment for Champion on the federal claims and dismissed the state claims without prejudice, expressly reserving those state claims.
- Jensen later filed in Nebraska state district court a complaint nearly identical to the federal complaint but added a new claim for negligent and/or intentional infliction of emotional distress based on the same factual allegations.
- Champion moved to dismiss; the district court took judicial notice of the federal complaint and dismissed Jensen’s emotional-distress claims as precluded and also found certain retaliation claims time barred (not appealed).
- Jensen appealed only the dismissal of his emotional-distress claims, arguing that because the federal court declined supplemental jurisdiction over state claims, he could add new state-law claims in state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jensen may assert a new state-law emotional-distress claim in state court after federal dismissal of federal claims and dismissal without prejudice of contemporaneous state claims | Jensen: Federal court declined supplemental jurisdiction over state claims, so he was free to amend and add additional state claims in state court | Champion: Claim preclusion bars any state claims arising from the same factual scenario that were not expressly reserved by the federal court | Court: Dismissal affirmed — state emotional-distress claims precluded because they could have been raised in the federal action and were not expressly reserved |
Key Cases Cited
- Hargesheimer v. Gale, 294 Neb. 123 (appellate review standard for motion to dismiss)
- Young v. Govier & Milone, 286 Neb. 224 (elements of claim preclusion)
- Jensen v. Jensen, 275 Neb. 921 (preclusive effect of prior judgment as bar to matters that could have been litigated)
- Ichtertz v. Orthopaedic Specialists of Neb., 273 Neb. 466 (party precluded from raising claims in later action that could have been raised earlier)