This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Job Discrimination

Friend v. National Postal Mail Handlers Union

Published: Dec. 15, 2017 | Result Date: Nov. 7, 2017 |

Case number: 5:15-cv-04506-HRL Bench Decision –  Defense

Judge

Howard R. Lloyd

Court

USDC Northern District of California


Attorneys

Plaintiff

Clark James Wilkes
(Baker Botts LLP )

Amy K. Liang
(Baker Botts LLP)

Cynthia Jo Cole
(Baker Botts LLP)


Defendant

Christopher Eugene Platten
(Wylie McBride Platten & Renner )

Joshua Aaron Segal
(Bredhoff and Kaiser PLLC )

Bruce Lerner
(Bredhoff and Kaiser PLLC )


Facts

Jeffrey Friend sued National Postal Mail Handlers Union.

Contentions

PLAINTIFF'S CONTENTIONS: Friend contended that National breached the duty of fair representation because it was vicariously liable for a union's breach of the duty of fair representation.

DEFENDANTS’ CONTENTIONS: National moved to dismiss Friend’s complaint arguing that Friend failed to state facts to support his claim against National.

Result

National’s motion to dismiss was granted without leave to amend. The court found that Friend merely presented evidence showing that National and the union were affiliated and provided no facts showing that National was vicariously or directly liable for the union’s alleged breach of duty.


#128643

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390