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The appellate court reversed the trial court's grant of mandamus, holding that a Cincinnati firefighter who alleged his promotional exam was tainted by distracted assessors did not establish a clear legal right or duty to be promoted to captain. The city prevailed on appeal.
MANDAMUS – WRITS: The trial court erred by awarding mandamus relief—ordering the city to promote relator to captain with back pay—because relator could not identify any clear legal right and duty requiring the promotion.
This summary was generated to explain the ruling in plain English and is not legal advice.
The plaintiff filed this lawsuit against her joint employers, asserting sexual harassment/ hostile work environment, retaliation, and other related claims. The employers filed a motion to compel arbitration. The plaintiff opposed the motion and invoked the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401- -402. The trial court deemed the Act applicable and denied the motion to compel arbitration. The employers appeal. We affirm.
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