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U.S. 2nd Circuit Court of Appeals

 

Sutton v. New York City Transit Auth. (08/28/06 - No. 04-0429)

Order granting an attorney's charging lien is reversed to the extent it was improperly awarded, however, orders making plaintiff liable to reimburse her former attorneys for expenses and declining plaintiff's claim for return of her retainer payments are affirmed.

http://caselaw.lp.findlaw.com/data2/circs/2nd/040429p.pdf

 

U.S. 3rd Circuit Court of Appeals

 

Cetel v. Kirwan Fin. Group, Inc. (08/28/06 - No. 04-3408, 05-1329, 05-1503, 05-1504)

Summary judgment for defendants on civil RICO, ERISA, and state law claims brought by physicians and their professional corporations who purchased life insurance through Voluntary Employee Beneficiary Associations (VEBAs), involving misrepresented potential tax benefits of VEBAs, is affirmed where: 1) the district court did not err in allowing defendants to plead statute of limitations defenses, even though they hadn't done so in their initial answers; 2) federal and state RICO, ERISA, and state law claims were barred by the applicable statutes of limitations; and 3) and a state Consumer Fraud Act (CFA) did not apply.

http://caselaw.lp.findlaw.com/data2/circs/3rd/043408p.pdf

 

U.S. 4th Circuit Court of Appeals

 

Schultz v. Capital Int'l Sec. Inc. (08/28/06 - No. 05-1192)

Judgment for defendants after bench trial, on claims of unpaid overtime under FLSA by plaintiff agents - members of the security detail for Saudi Prince Faisal bin Turki bin Nasser Al-Saud - is vacated as to defendant company as plaintiffs were employees, and not independent contractors as found by the district court.

http://caselaw.lp.findlaw.com/data2/circs/4th/051192p.pdf

 

U.S. 5th Circuit Court of Appeals

 

Halliburton Co. Benefits Comm. v. Graves (08/30/06 - No. 06-20632)

In a class action brought under the Employee Retirement Income Security Act (ERISA) involving the retiree program of a company that merged into a wholly owned subsidiary of Halliburton, a district court's conclusions, that the merger agreement modified the retiree program and that Halliburton had to maintain the program for eligible participants and could amend or terminate the program only if it made the same changes to programs for its similarly situated active employees, is affirmed.

http://caselaw.lp.findlaw.com/data2/circs/5th/0620632cv0p.pdf

 

Oscar Renda Contracting, Inc. v. City of Lubbock Texas (08/31/06 - No. 05-10836)

Dismissal of a contractor's First Amendment retaliation claim against a city is vacated where: 1) the district court erred in concluding that plaintiff failed to allege that a prior lawsuit was a matter of "public concern in the community" due to the lawsuit's location relative to that of the retaliation; 2) plaintiff's petition was sufficient to put the city on notice that its prior suit involved matters of public concern; and 3) a contractor is not required to have a prior relationship with a governmental entity before being able to assert a First Amendment claim.

http://caselaw.lp.findlaw.com/data2/circs/5th/0510836cv0p.pdf

 

U.S. 6th Circuit Court of Appeals

 

Glenn v. MetLife (09/01/06 - No. 05-3918)

In an ERISA action against defendant-insurer, the plan administrator for Sears, summary judgment upholding its termination of long-term disability benefits that plaintiff had been receiving on the ground that her condition had improved to the point that she was no longer "totally disabled" is reversed where the record did not support a conclusion that the denial of plaintiff's claim was the result of a deliberative process or that it was based on substantial evidence.

http://caselaw.lp.findlaw.com/data2/circs/6th/053918p.pdf

 

U.S. 8th Circuit Court of Appeals

 

Clark v. Johanns (08/28/06 - No. 05-4029)

Summary judgment for a former employer, the U.S. Department of Agriculture (USDA), on plaintiff's claims of sex discrimination and retaliation is affirmed where plaintiff failed to demonstrate that she took part in a statutorily protected activity, and she could not show that the USDA's decision not to continue her employment was motivated by discriminatory animus.

http://caselaw.lp.findlaw.com/data2/circs/8th/054029p.pdf

 

Continental Cas. Co. v. Advance Terrazo & Tile Co. (08/30/06 - No. 05-3594)

A declaratory judgment in favor of insurers is affirmed where: 1) there was no abuse of discretion in denying a motion to certify an issue regarding an absolute pollution exclusion or in deciding not to abstain from the action; and 2) an "absolute" pollution exclusion provision was unambiguous and precluded a subcontractor from coverage under insurance policies for an independent contractor and his wife's negligence claims.

http://caselaw.lp.findlaw.com/data2/circs/8th/053594p.pdf

 

U.S. 9th Circuit Court of Appeals

 

Syverson v. Int'l Bus. Machs. Corp. (08/31/06 - No. 04-16449)

Dismissal with prejudice of a putative class action alleging age discrimination claims against IBM is reversed and an award for IBM vacated where a waiver form used by IBM in connection with a severance benefit package was not "written in a manner calculated to be understood" by the average employee eligible to participate in the agreement, for purposes of being "knowing and voluntary" under the Older Workers Benefit Protection Act (OWBPA).

http://caselaw.lp.findlaw.com/data2/circs/9th/0416449p.pdf

 

U.S. 10th Circuit Court of Appeals

 

Mickelson v. New York Life Ins. Co. (08/29/06 - No. 05-3049)

Summary judgment for defendant-employer on claims of retaliation and discrimination on the basis of sex under Title VII and salary discrimination under the Equal Pay Act (EPA) is reversed where: 1) plaintiff presented sufficient evidence of pretext to survive summary judgment on her Title VII claim; and 2) defendant failed to establish that its proffered reasons were in fact the reason for a disparity in pay as a matter of law on the EPA claim.

http://laws.lp.findlaw.com/10th/053049.html

 

LB&B & Assocs., Inc. v. Int'l Bhd. of Elec. Workers (08/30/06 - No. 05-1110)

When a collective bargaining agreement includes a "just cause" termination provision and does not explicitly provide that an enumerated offense is such cause, the "profound deference" owed to an arbitrator's decision, coupled with the fact that the parties have bargained for the arbitrator, not the courts, to decide their dispute, compels affirmance of an arbitrator's interpretation requiring both the enumerated offense and circumstances amounting to just cause in order to justify termination.

http://laws.lp.findlaw.com/10th/051110.html

 

Fernandez v. Mora-San Miguel Elec. Coop., Inc. (08/30/06 - No. 05-2130)

In a case arising from the disappearance of property from an employer and its subsequent termination of plaintiffs following their failed polygraph, pre-trail rulings for defendant-polygraph examiner on a Employee Polygraph Protection Act (EPPA) claim and for defendants on 42 U.S.C. section 1983 and state-law tort claims are affirmed where: 1) the examiner was not subject to EPPA liability; 2) the state had not waived its sovereign immunity for purposes of the state-law claim; and 3) the evidence failed to establish section 1983 liability.

http://laws.lp.findlaw.com/10th/052130.html

 

Supreme Court of California

 

Priebe v. Nelson (08/28/06 - No. S126412)

The veterinarian's rule bars a kennel worker's strict liability claim against a dog owner under the "dog bite statute," Civil Code section 3342, for injuries sustained from a dog bite or attack while the worker was caring for the owner's dog boarded at the kennel.

http://caselaw.findlaw.com/data2/californiastatecases/s126412.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/s126412.pdf

 

Copley Press, Inc. v. Superior Court of San Diego County (County of San Diego) (08/31/06 - No. S128603)

The California Public Records Act (CPRA), and common law and constitutional considerations do not require disclosure to a newspaper publisher of records of the County of San Diego Civil Service Commission relating to a peace officer's administrative appeal of a disciplinary matter which were protected under Penal Code section 832.7.

http://caselaw.findlaw.com/data2/californiastatecases/s128603.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/s128603.pdf

 

New York Court of Appeals

 

Schroeder v. Kalenak Painting & Paperhanging, Inc. (08/29/06 - No. 162 SSM 21)

Order below is affirmed as: 1) wallpapering is not an enumerated activity under the Labor Law; 2) plaintiff fails to allege sufficient facts to establish that her work was part of a larger renovation project subject to coverage under Labor Law section 2401; and 3) plaintiff's section 241(6) argument is without merit.

http://caselaw.lp.findlaw.com/data/ny/cases/app/ssm21mem06.pdf

 

O'Sullivan v. IDI Constr. Co. (08/31/06 - No. 163 SSM 23)

The courts below properly concluded that plaintiff's Labor Law section 241(6) cause of action, based on 12 NYCRR 23-1.7(e)(1) and (2), failed because the electrical pipe or conduit that plaintiff tripped over was an integral part of the construction, and plaintiff cannot recover in negligence or pursuant to Labor Law section 200 because no triable issue of fact exists that defendant's on-site safety manager controlled the activity bringing about the injury to enable it to avoid an unsafe condition or that defendant maintained an unreasonably dangerous work environment.

http://caselaw.lp.findlaw.com/data/ny/cases/app/ssm23mem06.pdf

 

California Appellate Districts

 

Sonoma State Univ. v. Workers' Comp. Appeals Bd. (08/29/06 - No. A113590)

Determination that claimant police dispatcher had satisfied her burden of establishing a compensable industrial injury by proving her psychological injury was predominantly caused by actual events of employment is annulled as a claimant's psychiatric injury satisfies the standard for compensability set forth in Labor Code section 3208.3 only if it is proven that events of employment were predominant as to all causes combined of the psychiatric disability taken as a whole.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/a113590.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/a113590.pdf

 

McRae v. Department of Corr. & Rehab. (08/29/06 - No. A098073, A100745, A104701, A098330, A098910)

Summary judgment for individual defendants, on discrimination and retaliation claims in violation of the FEHA, is affirmed, but retaliation verdict for plaintiff against departmental defendant is reversed as the evidence does not support the jury's verdict that plaintiff was the subject of actionable retaliation. Award of attorney fees to plaintiff is reversed, but award of costs to individual defendants is affirmed, and costs are to be awarded to departmental defendant as well.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/a098073a.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/a098073a.pdf

 

Edwards v. Arthur Andersen LLP (08/30/06 - No. B178246)

Except for dismissal of Cartwright Act claim, judgment in favor of defendant is reversed as: 1) noncompetition agreement prohibiting employee from performing services for former clients is invalid under Business and Professions Code section 16000 unless it falls within statutory or "trade secret" exceptions to statute; 2) requiring plaintiff to execute Termination of Non-Compete Agreement as consideration for release from noncompetition agreement was an independently wrongful act; and 3) requiring plaintiff to waive Labor Code section 2802 indemnity rights as a condition of continued employment violated public policy and was also an independently wrongful act.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b178246.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b178246.pdf

 

Signature Fruit Co. v. Workers' Comp. Appeals Bd. (08/31/06 - No. F048255)

A decision of the Workers' Compensation Appeals Board awarding one of employer's seasonal employees temporary disability benefits is annulled where, under the unique circumstances of the case, the employee was not entitled to receive temporary disability payments for a time when there was no question that she would not have been working and earning income, whether injured or not.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/f048255.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/f048255.pdf

 

Welcher v. Workers' Comp. Appeals Bd. (08/31/06 - No. C051263, C051409, C051790, C051894)

The method of apportioning permanent disability adopted in Fuentes v. Workers' Comp. Appeals Bd. (1976) 16 Cal.3d 1, in which the WCAB subtracts the percentage of permanent disability caused by factors other than the current industrial injury from the overall percentage of permanent disability, and then determines the monetary value of permanent disability benefits payable for this percentage of permanent disability, is correct and the decisions below are affirmed.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/c051263.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/c051263.pdf

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U.S. 1st Circuit Court of Appeals

 

Mulloy v. Acushnet Co. (08/24/06 - No. 05-2160)

Summary judgment for employer in a disability discrimination case is affirmed where plaintiff was not a "qualified individual with a disability" under the ADA or a "qualified handicapped person" under Massachusetts law.

http://laws.lp.findlaw.com/1st/052160.html

 

U.S. 2nd Circuit Court of Appeals

 

Thyroff v. Nationwide Mut. Ins. Co, (08/21/06 - No. 05-4005)

Summary judgment for defendants on breach-of-contract claim is affirmed where plaintiff has failed to satisfy the burden necessary to bring this claim to trial, however, conversion claim prompts certification of the following question to the New York Court of Appeals: Is a claim of conversion cognizable for electronic data?

http://caselaw.lp.findlaw.com/data2/circs/2nd/054005p.pdf

 

Kessler v. Westchester County Dep't of Soc. Servs. (08/23/06 - No. 05-2582)

Summary judgment for defendants on plaintiff's claims of retaliatory transfer in violation of Title VII and the ADEA is vacated in light of Burlington N. & Santa Fe Ry. Co. v. White, 126 16 S. Ct. 2405 (2006), as plaintiff adduced evidence sufficient to create a genuine issue of fact as to whether the changes in his employment were materially adverse.

http://caselaw.lp.findlaw.com/data2/circs/2nd/052582p.pdf

 

Rombro v. Dufrayne (08/25/06 - No. 05-6401)

Summary judgment for plaintiff and order subordinating defendant's claim for damages against the debtor is affirmed as the claim of a former executive employee of the debtor that is based on the debtor's failure to issue common stock to the executive in exchange for his stock in another company, as provided by a termination agreement, constitutes a claim "arising from" the purchase of the debtor's stock within the meaning and purpose of 11 U.S.C. section 510(b).

http://caselaw.lp.findlaw.com/data2/circs/2nd/056401p.pdf

 

U.S. 3rd Circuit Court of Appeals

 

Sommer v. Vanguard Group (08/24/06 - No. 05-4034)

Summary judgment for defendant-employer on a Family and Medical Leave Act (FMLA) claim is affirmed where it did not illegally interfere with a former employee's FMLA rights when, upon his return from short-term disability FMLA leave, it did not award him a full annual bonus payment under its Partnership Plan, but instead awarded him a payment prorated on the basis of the time he was absent.

http://caselaw.lp.findlaw.com/data2/circs/3rd/054034p.pdf

 

U.S. 5th Circuit Court of Appeals

 

Christopher Cross, Inc. v. US (08/21/06 - No. 05-30606)

Dismissal of a taxpayer's claims challenging a Notice of Determination upholding a proposed levy to collect unpaid employment taxes is affirmed where an Internal Revenue Service (IRS) appeals officer acted within her discretion in returning an offer in compromise submitted by a taxpayer.

http://caselaw.lp.findlaw.com/data2/circs/5th/0530606cv0p.pdf

 

Cobb v. Cent. States, Southwest & Southeast Areas Pension Fund (08/22/06 - No. 05-30906)

An adverse benefit determination by a pension plan is vacated and remanded with instructions to dismiss for want of subject matter jurisdiction where the district court lacked subject matter jurisdiction over a surviving spouse's claim for benefits under ERISA as she was not a "beneficiary" and was never a plan participant, and there was no duty owed by the plan to the spouse to insure that her husband submitted adequate documentation of his marital status.

http://caselaw.lp.findlaw.com/data2/circs/5th/0530906cv0p.pdf

 

Peace v. Am. Gen. Life Ins. Co. (08/24/06 - No. 05-20195)

Summary judgment for Halliburton on a United Kingdom citizen's breach of contract claim is vacated where the district court erred in holding that a plan existed for purposes of the Employee Retirement Income Security Act (ERISA), and thus, plaintiff's claim is not preempted by ERISA.

http://caselaw.lp.findlaw.com/data2/circs/5th/0520195cv0p.pdf

 

U.S. 6th Circuit Court of Appeals

 

Temp-Masters, Inc. v. Nat'l Labor Relations Bd. (08/22/06 - No. 05-2079, 05-2272)

An order of the National Labor Relations Board finding that an employer violated the National Labor Relations Act (NLRA) by transferring four of its employees from certain jobsites to a jobsite approximately 250 miles away, in retaliation for union activity, is affirmed where substantial evidence supported the Board's findings and its legal analysis was not erroneous.

http://caselaw.lp.findlaw.com/data2/circs/6th/052079p.pdf

 

Int'l Bhd. of Elec. Workers v. Trafftech, Inc. (08/23/06 - No. 05-4392)

In a dispute arising from a union's objection to sharing work at a company with another union, summary judgment to a union permitting it to enforce an arbitration clause in a collective bargaining agreement is affirmed, over the company's claim that the dispute was a representational matter outside of federal courts' jurisdiction, because section 301 of the Labor Management Relations Act gives federal courts concurrent jurisdiction to enforce an arbitration clause like the one at hand.

http://caselaw.lp.findlaw.com/data2/circs/6th/054392p.pdf

 

Grizzell v. City of Columbus Div. of Police (08/25/06 - No. 05-3026)

Summary judgment for defendants, a police division and chief, on officers' claim that they were denied promotions on account of race and gender is affirmed where plaintiffs: 1) did not establish discrimination on account of race by direct evidence; 2) failed to present any evidence that the chief acted on the basis of race and not the permissible basis of the civil service rules' requirements and his according ethical obligations; and 3) failed to prove that his decision to use an earlier eligibility list was a pretext for gender discrimination.

http://caselaw.lp.findlaw.com/data2/circs/6th/053026p.pdf

 

Isert v. Ford Motor Co. (08/25/06 - No. 04-5798)

In an action arising out of injuries sustained at defendant employer's car company, an appeal from denial of a motion in a district court asking for an extension of time in which "to file any Notice of Appeal" is dismissed for lack of appellate jurisdiction where the motion failed to designate the judgment being appealed and otherwise failed objectively to convey an intent to appeal, and thus, did not satisfy the form or function requirements of Fed. R. App. P. 3(c).

http://caselaw.lp.findlaw.com/data2/circs/6th/045798p.pdf

 

U.S. 7th Circuit Court of Appeals

 

Allen v. Illinois Dep't of Transp. (08/22/06 - No. 05-2026)

Summary judgment for defendants in a First Amendment and due process suit under 42 U.S.C. 1983 arising out of the termination of a government official is affirmed where political affiliation was an appropriate hiring criterion for the position.

http://caselaw.lp.findlaw.com/data2/circs/7th/052026p.pdf

 

Equal Employment Opportunity Comm'n v. Target Corp. (08/23/06 - No. 04-3559)

Summary judgment for defendant in an action alleging violations of Title VII in the corporation's hiring practices concerning minority managerial applicants is reversed where there are genuine issues of material fact concerning the company's record retention policies.

http://caselaw.lp.findlaw.com/data2/circs/7th/043559p.pdf

 

Crawford v. Indiana Harbor Belt R.R. Co. (08/23/06 - No. 05-2825)

Summary judgment for employer in a race and sex discrimination suit is affirmed where the plaintiff could not show that similarly situated employees were treated differently from her.

http://caselaw.lp.findlaw.com/data2/circs/7th/052825p.pdf

 

Richards v. Kiernan (08/25/06 - No. 05-2395)

Dismissal of a retaliation suit alleging that the Bureau of Alcohol Tobacco and Firearms retaliated against the plaintiff for his whistle-blowing activities is affirmed where plaintiff's sole remedy was through the Merits Systems Protection Board and his appeal from that decision should have been made to the U.S. Court of Appeals for the Federal Circuit.

http://caselaw.lp.findlaw.com/data2/circs/7th/052395p.pdf

 

Toeller v. Wis. Dep't of Corrections (08/25/06 - No. 05-4064)

Denial of motion to dismiss based on Eleventh Amendment immunity in a case brought by a correctional officer alleging that he was fired for taking unpaid medical leave under the Family and Medical Leave Act is reversed where the self-care provisions of the Act must be evaluated separately from its abrogation of states' immunity, and the suit cannot rest on section 5 of the Fourteenth Amendment.

http://caselaw.lp.findlaw.com/data2/circs/7th/054064p.pdf

 

U.S. 8th Circuit Court of Appeals

 

US v. Cacioppo (08/22/06 - No. 04-3587, 04-4149, 04-3588, 04-3713)

In the context of 18 U.S.C. section 1027, which prohibits making false statements and/or failing to disclose certain facts in documents required to be kept by the Employee Retirement Income Security Act (ERISA), the mens rea requirement for section 1027 requires proof that a defendant "concealed, covered up, or failed to disclose" facts that they knew they were required to disclose, and that they knew that they were obliged to disclose them.

http://caselaw.lp.findlaw.com/data2/circs/8th/043587p.pdf

 

Jones v. United Parcel Serv., Inc. (08/22/06 - No. 05-2202, 05-2205)

Summary judgment for defendants, United Parcel Service and a union, on plaintiffs' various claims of employment discrimination and breach of the duty of fair representation is affirmed where: 1) there was no abuse of discretion in a decision to disregard plaintiffs' statement of controverted facts and responses to defendants' statements as a sanction for a local rule violation; and 2) summary judgment on plaintiffs' claims on the remaining record was appropriate.

http://caselaw.lp.findlaw.com/data2/circs/8th/052202p.pdf

 

Jones v. United Parcel Serv., Inc. (08/22/06 - No. 05-3215)

Orders sanctioning an attorney $1,000 pursuant to Rule 11 of the Federal Rules of Civil Procedure and requiring him to reimburse attorneys' fees of $10,000 each to United Parcel Service and a union are affirmed where there was no abuse of discretion or error in the sanction and fee orders relating to his conduct and pleadings in a wrongful termination and inadequate union representation case.

http://caselaw.lp.findlaw.com/data2/circs/8th/053215p.pdf

 

Green v. Franklin Nat'l Bank of Minneapolis (08/23/06 - No. 05-2513)

Summary judgment for defendant-bank on claims of a racially hostile work environment, discriminatory discharge, retaliation, and a state whistleblower claim regarding her reporting of discrimination at the bank is affirmed where: 1) although the district court erred in finding that the harassment at issue was not severe or pervasive, it properly found that the employer's response was adequate for purposes of the hostile work environment claim; 2) plaintiff did not show any evidence that gave rise to an inference of discrimination for purposes of a discriminatory discharge claim; and 3) plaintiff failed to prove that the bank's motives for her termination were pretextual for purposes of the whistleblowing and retaliation claims.

http://caselaw.lp.findlaw.com/data2/circs/8th/052513p.pdf

 

Transport Labor Contract/Leasing Inc. v. Comm'r of Internal Revenue (08/23/06 - No. 05-3827)

A tax court judgment upholding a substantial deficiency asserted by the Commissioner of Internal Revenue against a Professional Employer Organization (PEO), which hired truck drivers as employees and then leased them back to its trucking company clients, is reversed where the tax court misapplied a statutory provision allowing an employer to deduct the cost of employee travel expenses, and the PEO proved at trial that it was not subject to a related statutory limitation.

http://caselaw.lp.findlaw.com/data2/circs/8th/053827p.pdf

 

Starr v. Metro Sys., Inc. (08/24/06 - No. 05-4178, 06-1087)

In a suit against a former employer and an ERISA plan administrator for their failure to provide plaintiff with notification of his right to continue his health and dental insurance coverage, as required by the Consolidated Omnibus Budget Reconciliation Act (COBRA), denial of attorney's fees and statutory damages following a bench trial and ruling for plaintiff is reversed in part where the district court erred by refusing to award attorney fees.

http://caselaw.lp.findlaw.com/data2/circs/8th/054178p.pdf

 

Hacker v. Barnhart (08/25/06 - No. 05-4110)

Denial of Social Security disability insurance benefits for claimant is affirmed over claims that the ALJ's decision denying benefits was unsupported by substantial evidence because the ALJ misweighed the testimony of various physicians, and that the ALJ posed an inaccurate hypothetical question to a vocational expert who testified at a hearing.

http://caselaw.lp.findlaw.com/data2/circs/8th/054110p.pdf

 

Littrell v. City of Kansas City (08/25/06 - No. 06-1223)

In a suit brought by a firefighter against a city and fire chief alleging violations of his constitutional rights and unlawful employment discrimination and retaliation under Title VII, summary judgment for defendants is affirmed where a release plaintiff signed in resolving disciplinary proceedings barred claims relating to the agreement, and he failed to make a prima facie case on claims arising after the release.

http://caselaw.lp.findlaw.com/data2/circs/8th/061223p.pdf

 

U.S. 9th Circuit Court of Appeals

 

Wallace v. City of San Diego (08/25/06 - No. 03-56552)

Grant of judgment as a matter of law and a new trial are reversed where a jury's finding that a city constructively discharged plaintiff, a reserve officer, and took other retaliatory actions against him in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA) was supported by substantial evidence and was not contrary to the great weight of the evidence. However, a determination by the jury that liquidated damages should not be awarded is affirmed as plaintiff failed to preserve the issue for appeal.

http://caselaw.lp.findlaw.com/data2/circs/9th/0356552p.pdf

 

U.S. 11th Circuit Court of Appeals

 

Popowski v. Parrott (08/24/06 - No. 05-10235, 05-13344)

In an action seeking reimbursement for medical expenses, dismissal for lack of subject matter jurisdiction, as well as the denial of other requested relief, where none of the claims involved "appropriate equitable relief" as required for a claim under ERISA, is reversed as to two plaintiffs in light of Sereboff v. Mid-Atlantic Med. Servs., Inc., 126 S. Ct. 1869 (2006), as those plaintiffs have stated a claim for "appropriate equitable relief" under 29 U.S.C. section 1132(a)(3).

http://caselaw.lp.findlaw.com/data2/circs/11th/0510235p.pdf

 

California Appellate Districts

 

California Corr. Peace Officers Ass'n v. State of California (08/23/06 - No. A112311)

Denial of plaintiff union's petition to compel arbitration of alleged right to have rank-and-file observers sit in as observers during labor negotiations between defendant and supervisory employees is reversed where there is no authority for finding that arbitrators are not permitted to interpret statutes.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/a112311.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/a112311.pdf

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