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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

BARNETT v. COMBINED INSURANCE COMPANY OF AMERICA et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
3:12-cv-01279 Search Pacer
ACE Group party(s): 
Opposing Party: 
Elgin Barnett
Court Type: 
Federal
US District Court: 
Southern District of Illinois
Date Filed: 
Dec 19 2012

"COUNT 1: Violation of 42 U.S.C. § 1981
11. Plaintiff hereby incorporates paragraphs one (1) through eight (8) of his Complaint as if fully set forth herein.

12. Defendant violated Plaintiff's right to make and enforce contracts under 42 U.S.C. § 1981 by subjecting Plaintiff, because of his race, to different terms and conditions than similarly-situated employees.

COUNT 2: Libel Per Se

13. Plaintiff hereby incorporates paragraphs one (1) through twelve (12) of his Complaint as if fully set forth herein.

14. Jones’s publication of the defamatory information about Plaintiff attacked his professional character and competence as a supervisory employee.

15. Jones intentionally published false and defamatory information about Plaintiff  with the motive of causing severe harm to Plaintiff in his profession and career.

COUNT 3: Respondeat Superior

16. Plaintiffs hereby incorporate paragraphs one (1) through fifteen (15) of his Complaint as if fully set forth herein.

17. Combined is liable for the acts of its employees, agents, and servants acting within the course and scope of their employment.

18. Jones was acting in the course and scope of his employment with Combined when he intentionally published false and defamatory information about Plaintiff.

19. Combined is liable for the acts of Jones under the doctrine of respondeat superior.

COUNT 4: Tortious Interference

20. Plaintiff hereby incorporates the foregoing paragraphs one (1) through nineteen (19) of his Complaint as if fully set forth herein.

21. By virtue of its conduct, Defendants have intentionally and improperly interfered with contracts between Plaintiff and Liberty National. Defendants have intentionally and improperly interfered with the advantageous business and economic relations between Plaintiff and Liberty National.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that the Court find in his favor and order the following relief:
A. Issue a declaratory judgment that Defendant's acts violate 42 U.S.C. § 1981;
B. Permanently enjoin Defendant, its officers, agents, employees, and attorneys acting in concert with them from engaging in any practice that violates 42 U.S.C. § 1981;
C. Award Plaintiff compensatory damages, consequential damages, and emotional distress damages in an amount sufficient to compensate Plaintiff for the damages caused by
Defendant's unlawful actions;
D. Award Plaintiff punitive damages;
E. Award Plaintiff his attorneys' fees, litigation expenses, and costs incurred as a result of this action;
F. Award Plaintiff pre- and post-judgment interest on all sums recoverable; and
G. Award any and all other relief as may be just and proper."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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