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Shaver v. Operating Engineers Local 428 Pension Trust Fund
Because financial records sought were not instruments under which pension plan was established or operated, trustees had no duty to disclose.
Employment Law Aug. 3, 2003
Honolulu Joint Apprenticeship and Training Committee of United Assn. Local Union No. 675 v. Foster
Legal restitution is not available as appropriate equitable relief under ERISA; denial of attorney fees is not abuse of discretion.
Employment Law Aug. 3, 2003
Pottenger v. Potlatch Corp.
Employee, who worked for corporation for 32 years, failed to establish he was terminated in violation of Age Discrimination in Employment Act.
Employment Law Jul. 23, 2003
Cherosky v. Henderson
Employee is barred from challenging discriminatory decision made outside limitations period under 'continuing violation' doctrine.
Employment Law Jul. 22, 2003
Ostad v. Oregon Health Sciences University
Jury verdict in favor of medical resident who was terminated after questioning billing practices is affirmed.
Employment Law Jun. 24, 2003
Opinion of Lockyer
Person employed as trainee by fire department to provide firefighting services is entitled to enhanced benefits granted by Workers' Compensation Act.
Employment Law Jun. 23, 2003
Hobler v. Brueher
Elected county prosecutor may dismiss at-will confidential secretaries hired by predecessor he defeated.
Employment Law Jun. 16, 2003
Moe v. United States
Federal employee's psychological injury that led to physical injury is covered by Federal Employee's Compensation Act.
Employment Law Jun. 16, 2003
Wittkopf v. County of Los Angeles
Under Fair Employment and Housing Act, plaintiff alleging disability discrimination is not required to show 'substantial' limitation of major life activity.
Employment Law Jun. 16, 2003
Gradilla v. Ruskin Manufacturing
Employee is not entitled to leave under state law to care for ailing family member who travels for reasons unrelated to treatment.
Employment Law Jun. 15, 2003
Costa v. Desert Palace Inc.
Title VII does not impose special or heightened evidentiary burden on plaintiff in 'mixed-motive' case during trial.
Employment Law Jun. 10, 2003
Nevada Dept. of Human Resources v. Hibbs
State employer may be liable for money damages for interfering with employee's FMLA rights.
Employment Law Jun. 3, 2003
Black & Decker Disability Plan v. Nord
ERISA plan administrator is not required to defer to opinion of treating physician in making benefits determination.
Employment Law Jun. 3, 2003
Winterrowd v. American General Annuity Insurance Co.
Insurance company failed to offer severance benefits pursuant to ERISA 'employee benefit plan.'
Employment Law May 30, 2003
Oracle Corp. v. Falotti
Employee was not entitled to stock options or stock-options damages after being terminated without cause.
Employment Law May 29, 2003
Stevens v. Dept. of Corrections
Employer who refused request for vacation time over Christmas holiday is not liable under family leave law.
Employment Law May 28, 2003
Nord v. Black & Decker Disability Plan
Injured employee who physicians determined could only sit for one hour and lift five pounds is entitled to disability benefits under ERISA.
Employment Law May 27, 2003
Hibbs v. Department of Human Resources
Court errs in concluding that Family Medical Leave Act doesn't contain sufficiently clear expression of congressional intent to abrogate Eleventh Amendment immunity.
Employment Law May 26, 2003
Clackamas Gastroenterology Associates v. Wells
Court must determine whether shareholder-directors of professional corporation are 'employees' under ADA.
Employment Law May 2, 2003
Wells v. Clackamas Gastroenterology Associates P.C.
Physician shareholders are employees of corporation, not partners, therefore, corporation is employer and covered entity for purposes of American With Disabilities Act.
Employment Law Apr. 23, 2003
Cedillo v. Workers' Compensation Appeals Board
Worker injured on roof while working for uninsured contractor is not employee of homeowner.
Employment Law Apr. 15, 2003
Raad v. Fairbanks North Star Borough School District
Plaintiff raised genuine issues of material fact regarding workplace discrimination due to her national origin and religion.
Employment Law Apr. 9, 2003
Walia v. Aetna
Wrongful termination found when employer terminated employee after she refused to sign non-compete agreement.
Employment Law Apr. 9, 2003
Colmenares v. Braemar Country Club Inc.
Definition of disability enacted in 2000 doesn't apply retroactively to disability discrimination case brought in 1997.
Employment Law Apr. 8, 2003
Little v. Auto Stiegler Inc.
Arbitration agreement is enforceable under 'Armendariz' because employee's complaint did not invoke statutory claims.
Employment Law Apr. 8, 2003
Dyack v. Commonwealth of the Northern Mariana Islands
Physician was not member of civil service and thus not entitled to notice of termination or opportunity to respond.
Employment Law Mar. 24, 2003
Shafer v. County of Los Angeles Sheriff's Dept.
Police officer's false statements during worker's compensation deposition were admissible in termination hearing.
Employment Law Mar. 18, 2003
Cucuzza v. City of Santa Clara
City's alleged conduct under Fair Employment and Housing Act did not amount to 'continuing violation.'
Employment Law Feb. 28, 2003
Rieger v. Arnold
In sexual harassment action, employee's prior sexual conduct at workplace is admissible.
Employment Law Feb. 20, 2003
Rudebusch v. Hughes
Pay adjustments awarded to minorities and women raise factual issues as to whether they were remedial.
Employment Law Feb. 18, 2003