Huon v. Johnson & Bell, Ltd.

Plaintiff, an attorney, was fired from his job as an associate and filed suit, asserting defamation and intentional infliction of emotional distress. After the suit was dismissed and while a state appeal was pending, he brought claims under Title VII, 42 U.S.C. 2000e, and 42 U.S.C. 1981 for discrimination on the basis of race and national origin, with a supplemental claim for tortious interference with prospective economic advantage. The district court issued a stay based on the abstention doctrine, reasoning that the claims would be barred by res judicata once the state judgment became final. The Seventh Circuit vacated and remanded. Abstention requires more than pendency of another lawsuit. Although claims for defamation and emotional distress center on negative performance evaluation, plaintiff's federal discrimination claims (he says) encompass a broader scope of alleged misconduct over a longer period of time, including unfavorable treatment regarding assignments, promotions, disciplinary measures, salary, and work conditions.