U.S. 3rd Circuit Court of Appeals

Serv. Employees Int'l Union v. Municipality of Mt. Lebanon (04/28/06 - No. 04-4646)

A municipal ordinance requiring door-to-door canvassers who plan to "hand pamphlets or other written material" to residents or discuss with them "issues of public or religious interest" to first register with the police department violates the First and Fourteenth Amendments' guarantee that no state shall abridge the freedom of speech.

http://caselaw.lp.findlaw.com/data2/circs/3rd/044646p.pdf

U.S. 4th Circuit Court of Appeals

Yashenko v. Harrah's NC Casino Co. (04/27/06 - No. 05-1256)

Answering two questions of first impression for the circuit, the court holds: 1) the Family and Medical Leave Act does not provide a covered employee with an absolute right to be restored to his previous job after taking approved leave; and 2) a private employer that contracts with an Indian tribe is not subject to suit for race discrimination under 42 U.S.C. section 1981 when it enforces a contractual tribal preference policy.

http://caselaw.lp.findlaw.com/data2/circs/4th/051256p.pdf

U.S. 6th Circuit Court of Appeals

Int'l Bhd. of Teamsters AFL-CIO v. United Parcel Serv. Co. (04/26/06 - No. 05-5478)

Dismissal of a suit brought by a union claiming that it had a right to designate a representative on a safety committee established by its collective bargaining agreement with defendant is affirmed where the district court properly found that, under the Railway Labor Act, the dispute fell within the exclusive jurisdiction of the system adjustment board.

http://caselaw.lp.findlaw.com/data2/circs/6th/055478p.pdf

Moore v. Rohm & Haas Co. (04/26/06 - No. 05-3472)

Dismissal without prejudice of a purported class action suit brought by retirees involving defendants' denial of collectively-bargained-for health benefits is reversed where, under both the Labor Management Relations Act (LMRA) and the Employee Retirement Income Security Act (ERISA), venue was properly laid in the Northern District of Ohio.

http://caselaw.lp.findlaw.com/data2/circs/6th/053472p.pdf

U.S. 7th Circuit Court of Appeals

Hull v. Stoughton Trailers, LLC (04/26/06 - No. 05-2205)

Summary judgment for defendant-employer is affirmed where plaintiff did not meet his prima facie burden of showing that similarly situated employees who did not take leave under the Family and Medical Leave Act were treated more favorably.

http://caselaw.lp.findlaw.com/data2/circs/7th/052205p.pdf

Davis v. Wisconsin Dep't of Corr. (04/27/06 - No. 05-1946)

Denials of defendants' motions for judgment as a matter of law and new trial in an employment discrimination case are affirmed where: 1) plaintiff presented circumstantial evidence that could demonstrate pretext and discrimination; 2) the jury did not credit defendants' explanations; and 3) the decision did not result in a miscarriage of justice.

http://caselaw.lp.findlaw.com/data2/circs/7th/051946p.pdf

U.S. 8th Circuit Court of Appeals

Powell v. Yellow Book USA, Inc. (04/25/06 - No. 05-2465)

Summary judgment for defendants on employment-related sexual harassment, religious harassment, retaliation claims, and additional tort claims is affirmed where: 1) the conduct plaintiff complained of was not sufficient to make out a sexual harassment claim; 2) defendant-employer promptly and reasonably responded to plaintiff's complaints on religious matters; 3) the retaliation claim failed as there was no material change in plaintiff's conditions of employment; and 4) there was insufficient evidence to establish plaintiff's tort claims.

http://caselaw.lp.findlaw.com/data2/circs/8th/052465p.pdf

Tenge v. Phillips Modern Ag Co (04/28/06 - No. 05-2803)

Title VII does not prohibit the termination of an employee based on the employee's admitted consensual sexual conduct with an employer or supervisor.

http://caselaw.lp.findlaw.com/data2/circs/8th/052803p.pdf

U.S. 9th Circuit Court of Appeals

Int'l Chemical Workers Union Council v. Nat'l Labor Relations Bd. (04/28/06 - No. 04-72270)

In a case arising out of events that took place while a union and a company were in negotiations for a successor collective bargaining agreement, the union's petition for review of a National Labor Relations Board decision is granted where substantial evidence did not support the Board's conclusion that the company bargained in good faith.

http://caselaw.lp.findlaw.com/data2/circs/9th/0472270p.pdf

U.S. 10th Circuit Court of Appeals

Martinez v. Barnhart (04/26/06 - No. 04-2259)

Denial of plaintiff's applications for disability insurance benefits and supplemental security income benefits under the Social Security Act is affirmed over two meritless claims that the Appeals Council improperly invaded an administrative law judge's province and improperly analyzed a treating physician's opinions, and two additional waived, unpreserved claims.

http://laws.lp.findlaw.com/10th/042259.html

Honeyville Grain, Inc. v. Nat'l Labor Relations Bd. (04/28/06 - No. 04-9577, 04-9591)

A petition for review of an order of the National Labor Relations Board requiring petitioner-employer to cease and desist from refusing to bargain with a union is denied and the order enforced where the employer failed to prove that certain religious remarks made at a union meeting were inflammatory or the theme of the election campaign at issue.

http://laws.lp.findlaw.com/10th/049577.html

Turgeau v. Admin. Review Bd., US Dep't of Labor (04/28/06 - No. 05-9503)

Summary judgment for an employer on petitioner's administrative complaint of wrongful discharge is reversed where an administrative review board incorrectly held that petitioner was not entitled to equitable tolling of his untimely filed federal administrative claim because his timely and completely preempted state complaint asserted a different claim.

http://laws.lp.findlaw.com/10th/059503.html

California Appellate Districts

Olinick v. BMG Entm't (04/27/06 - No. B179478)

Order staying action on ground of inconvenient forum is affirmed where age discrimination and wrongful discharge claims are subject to employment agreement's forum selection and choice of law provisions, requiring disputes be tried in New York under New York law.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b179478.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b179478.pdf