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Lane v. Dept. of the Interior
Where FOIA cases involve propriety of revealing certain documents, court has discretion to rule on summary judgment motion before allowing discovery.
Employment Law May 5, 2008
Harvey v. Sybase Inc.
'Same actor' evidence is entitled to no special weight in reviewing denial of employer's JNOV motion where substantial evidence supports jury's verdict.
Employment Law Apr. 22, 2008
Saffon v. Wells Fargo & Co. Long Term Disability Plan
Where long-term disability plan is administered and funded by same entity, court must discount deference accorded to administrator’s decision to deny benefits.
Employment Law Apr. 17, 2008
Block v. Orange County Employees' Retirement System
'Disability allowance' means all benefits member receives from reciprocal systems or CalPERS for retiring concurrently due to disability, regardless of label.
Employment Law Apr. 14, 2008
Lonicki v. Sutter Health Central
To avoid lawsuit, employer may use CFRA's dispute-resolution mechanism by referring matter to third health care provider, whose decision would be binding.
Employment Law Apr. 8, 2008
Weber v. Dept. of Veterans Affairs
Where Veterans Medical Center is federal agency, plaintiff wanting to sue for back pay must show specific authorization waving sovereign immunity.
Employment Law Apr. 7, 2008
Diaz v. Eagle Produce Limited Partnership
Defendant did not provide facially legitimate explanation for terminating plaintiff under ADEA.
Employment Law Apr. 7, 2008
Davis v. Team Electric Co.
In sexual discrimination case, summary judgment was improperly granted where plaintiff raised genuine issues of material fact as to disparate treatment claim.
Employment Law Mar. 31, 2008
Trustees of the Southern California IBEW-NECA Pension Trust Fund v. Flores
Collective bargaining agreement required defendant to make benefit contributions for all electrical workers engaged in project work, even non-union workers.
Employment Law Mar. 28, 2008
Hammond v. County of Los Angeles
In FEHA race and age discrimination case, evidence shows that within limitations period, supervisor restricted nursing instructor's teaching assignments.
Employment Law Mar. 24, 2008
Surrell v. California Water Service Co.
Employer defeats discrimination claims by articulating legitimate reasons for promoting and cross-training candidates more qualified than plaintiff.
Employment Law Mar. 12, 2008
Villanueva v. City of Colton
Summary judgment is properly granted to city in employment discrimination case where lead operator in wastewater division 'botched' alarm incident at plant.
Employment Law Mar. 12, 2008
Shafer v. Astrue
In case concerning social security disability benefits, audit clerk is entitled to attorney fees under Equal Access to Justice Act.
Employment Law Mar. 11, 2008
Hicks v. KNTV Television Inc.
Summary judgment is properly granted for news station where evidence shows anchor was not retained because of his performance, not his race.
Employment Law Mar. 6, 2008
Jones v. The Lodge at Torrey Pines Partnership
Employer is liable for retaliation, but nonemployer individuals are not personally liable for their role in that retaliation.
Employment Law Mar. 4, 2008
California Faculty Association v. PERB (Trustees of the California State University)
Parking location is 'term and condition of employment' that requires university to bargain over matter with its employees.
Employment Law Feb. 29, 2008
LaRue v. DeWolff, Boberg & Associates Inc.
ERISA Section 502(a)(2) permits recovery for fiduciary breaches that diminish value of plan assets in participant's individual account.
Employment Law Feb. 20, 2008
California Public Employees' Retirement System v. Superior Court (Trobee)
Whistleblower is collaterally estopped from relitigating findings litigated in quasi-adjudicatory proceedings before State Personnel Board.
Employment Law Feb. 19, 2008
Hammond v. County of Los Angeles
Nurse's FEHA claims are not time-barred where supervisor continues to take adverse employment actions by reducing plaintiff's workload within limitations period.
Employment Law Feb. 13, 2008
Brand v. Regents of the University of California
Plaintiff may proceed with suit for damages where defendants fail to reach timely decision concerning his grievances.
Employment Law Feb. 13, 2008
Ahmadi-Kashani v. The Regents of the University of California
Court errs in finding FEHA claim barred for employee's failure to exhaust internal remedy.
Employment Law Jan. 30, 2008
Ross v. RagingWire Telecommunications Inc.
Employee fired for medical marijuana use cannot state cause of action under FEHA or for wrongful termination in violation of public policy.
Employment Law Jan. 25, 2008
Hammond v. County of Los Angeles
Employee’s action is timely if she alleged that her employer engaged in series of discriminatory acts, and that some occurred during limitations period.
Employment Law Jan. 23, 2008
Bradley v. California Dept. of Corrections and Rehabilitation
Individual who works for state agency pursuant to state contract with third-party is state employee for purposes of Fair Employment and Housing Act.
Employment Law Jan. 22, 2008
Weber v. Dept. of Veterans Affairs
Where Veterans Medical Center is federal agency, plaintiff wanting to sue for back pay must show specific authorization waving sovereign immunity.
Employment Law Jan. 16, 2008
Fichman v. Media Center
Directors and producers of nonprofit organization are not considered employees within meaning of Age Discrimination in Employment Act and Americans with Disabilities Act.
Employment Law Jan. 15, 2008
Saffon v. Wells Fargo & Co. Long Term Disability Plan
Where long-term disability plan is administered and funded by same entity, court must discount deference accorded to administrator’s decision to deny benefits.
Employment Law Jan. 10, 2008
NLRB v. Friendly Cab Co.
Taxicab drivers denied ability to pursue entrepreneurial opportunities and subjected to considerable control by cab company are ‘employees’ under National Labor Relations Act.
Employment Law Jan. 9, 2008
Norton v. San Bernardino City Unified School District
Trial court erred when it did not clearly state whether or not plaintiff had been reinstated to former position, creating internal inconsistency.
Employment Law Jan. 8, 2008
Bernard v. State Farm Mutual Automobile Insurance Co.
Termination-notice and termination-review provisions in agency agreement created at-will employment relationship, precluding employee from pursing breach of contract claim arising from his termination.
Employment Law Dec. 24, 2007