Mary Louise Kenefick, Ph.D. v. The Regents of the University of California
Published: Jan. 1, 1999 | Result Date: Oct. 23, 1998 | Filing Date: Jan. 1, 1900 |Case number: DUM0001711 Arbitration – $129,684
Judge
Court
Case Not Filed
Attorneys
Claimant
Daniel M. Siegel
(Siegel, Yee, Brunner & Mehta)
Randolph Hunter Pyle
(Hunter Pyle Law)
Respondent
Facts
From 1984 to 1990, Mary Louise Kenefick, Ph.D., was employed as the assistant editor of the Index of Foreign Legal Periodicals, a publication based at the Law Library at Boalt Hall School of Law, University of California, Berkeley. Following a series of disputes with her supervisor, Kenefick filed a grievance protesting her treatment, alleging among other things, sex discrimination, denial of promotions, and reduction to half-time status. On May 23, 1991, arbitrator Andria S. Knapp ruled, in part, that Kenefick should be restored to a full time position with back pay and interest. The University rejected part of the arbitrator's advisory decision. Kenefick then filed two lawsuits, one for sex discrimination and the other seeking to enforce the arbitrator's decision. Following mediation with Judge Patricia Herron, the parties entered into a binding settlement of their disputes in January 1994. The recent arbitration arose from Kenefick's claim that the University violated the provision of the settlement agreement requiring that she be placed on a list for preferential rehire for a period of one year.
Settlement Discussions
The claimant made a C.C.P. º998 settlement demand for $______________. The respondent made a C.C.P. º998 offer of compromise for $__________________ .
Other Information
The award was reached approximately two years after the case was filed. Following Judge Herron's first arbitration decision in March 1998, the University sought to vacate the portion of the award that granted Kenefick her attorney fees and costs. Judge Henry Needham of the Alameda Superior Court remanded the matter to Judge Herron to clarify whether she had concluded that the University had violated the covenant of good faith and fair dealing and to set out the legal basis for the attorney fee award. In her Oct. 23, 1998, supplemental decision, Judge Herron concluded that the University had breached the covenant and that Kenefick's attorney fees were an item of damages caused by the breach. The attorney fees and costs issue will again be submitted to Judge Needham.
Length
5½ days
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