Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G033868
|
Cohen v. Health Net of California Inc.
ERISA preempts employee's claims against health care provider. |
Employment Law |
|
Mar. 21, 2007 | |
05-35170
|
Engquist v. Oregon Dept. of Agriculture
Former employee's class-of-one equal protection claim is inapplicable to public employer, and her substantive due process claim fails except in extreme cases. |
Employment Law |
|
Mar. 20, 2007 | |
05-35209
|
Gambini v. Total Renal Care Inc.
Jury may properly find violation of Washington discrimination law if it determines employer's adverse employment decision was motivated, even in part, by employee's disability. |
Employment Law |
|
Mar. 16, 2007 | |
05-17308
|
Walton v. U.S. Marshals Service
Plaintiff's claim of unlawful discharge due to hearing impairment fails where she is not deemed person with disability. |
Employment Law |
|
Mar. 14, 2007 | |
D046600
|
Jones v. The Lodge at Torrey Pines Partnership
Court improperly grants defendants' motions for judgment notwithstanding verdict where evidence was sufficient to support finding of adverse employment action. |
Employment Law |
|
Mar. 14, 2007 | |
D046600
|
Jones v. The Lodge at Torrey Pines Partnership
Court improperly grants defendants' motions for judgment notwithstanding verdict where evidence was sufficient to support finding of adverse employment action. |
Employment Law |
|
Mar. 14, 2007 | |
B190547
|
Konig v. U-Haul Co. of California
Plaintiff challenging class action waiver must prove substantive unconscionability of that provision by establishing that only small amounts of individual damages are involved. |
Employment Law |
|
Mar. 8, 2007 | |
H029544
|
Davis v. WCAB
Revision of workers' compensation statutes does not alter formula used to calculate permanent disability award when employee's overall disability is subject to apportionment. |
Employment Law |
|
Mar. 8, 2007 | |
G037041
|
Small v. Superior Court (Brinderson Constructors Inc.)
Industrial Welfare Commission wage order accompanied by sufficient statement of basis is presumed to have been properly published and to contain workable definitions. |
Employment Law |
|
Mar. 7, 2007 | |
B186224
|
Hall v. County of Los Angeles
Plaintiff cannot compare one classification of male and female employees' wages with another classification of male and female employees' wages to show gender discrimination. |
Employment Law |
|
Mar. 6, 2007 | |
A110543
|
Ross v. San Francisco Bay Area Rapid Transit District
In wrongful discharge case, public entity is immune from liability where initiation of administrative proceedings to terminate is also immune. |
Employment Law |
|
Mar. 6, 2007 | |
A112564
|
Womack v. San Francisco Community College District
Temporary instructor seeking reinstatement failed to establish that he worked in excess of 60 percent of necessary full-time instructor's work hours. |
Employment Law |
|
Feb. 22, 2007 | |
03-56552
|
Wallace v. City of San Diego
Substantial evidence supports jury's finding that employer took retaliatory actions against plaintiff in violation of Uniformed Services Employment and Reemployment Rights Act. |
Employment Law |
|
Feb. 14, 2007 | |
A110543
|
Ross v. San Francisco Bay Area Rapid Transit District
In wrongful discharge case, public entity is immune from liability where initiation of administrative proceedings to terminate is also immune. |
Employment Law |
|
Feb. 2, 2007 | |
05-260
|
Sereboff v. Mid Atlantic Medical Services Inc.
Under ERISA Section 502(a)(3)(B), fiduciary seeks equitable relief when it seeks recovery through constructive trust or equitable lien on specifically identified fund. |
Employment Law |
|
Jan. 29, 2007 | |
B190054
|
Smith v. WCAB
Insured employee who successfully enforces his workers' compensation award following insurer's formal or informal denial of coverage is entitled to recover attorney fees. |
Employment Law |
|
Jan. 24, 2007 | |
04-17147
|
Stanley v. Gonzales
Civil Service Reform Act divests district court of subject matter jurisdiction to hear federal confidential employee's non-colorable constitutional claims related to her employment. |
Employment Law |
|
Jan. 23, 2007 | |
A114506
|
Nestle Ice Cream Co. v. WCAB
Issuance of amended award that effects substantial or material change, or corrects judicial error, extends deadline for party to file petition for reconsideration. |
Employment Law |
|
Jan. 23, 2007 | |
C047617
|
Roby v. McKesson HBOC
Insufficient evidence existed to support finding that employer engaged in discriminatory harassment within meaning of Fair Employment and Housing Act. |
Employment Law |
|
Jan. 19, 2007 | |
05-35080
|
Miller v. Farmers Insurance Exchange
Claims adjusters who filed class action lawsuit for overtime wages against employer were exempt from Fair Labor Standards Act. |
Employment Law |
|
Jan. 12, 2007 | |
04-55747
|
Silver v. Executive Car Leasing Long-Term Disability Plan
Employee with serious heart condition demonstrated that he was continuously disabled and entitled to disability benefits. |
Employment Law |
|
Jan. 11, 2007 | |
B181753
|
Sarka v. The Regents of the University of California
In employment termination case, doctor's retaliation argument failed where evidence showed he was discharged for insubordination. |
Employment Law |
|
Jan. 8, 2007 | |
04-16449
|
Syverson v. International Business Machines Corp.
Where corporation reduced its workforce, general release and covenant not to sue agreement is unenforceable. |
Employment Law |
|
Jan. 5, 2007 | |
C050591
|
Patricia Adkins Insurance Agency Inc. v. State Farm Mutual Automobile Insurance Co.
Insurance provider may not impose trade secret and non-competition provisions on employees of its independent contractor agents. |
Employment Law |
|
Jan. 5, 2007 | |
04-17440
|
Walsh v. Nevada Dept. of Human Resources
In action brought under Title I of ADA, individual defendants cannot be held personally liable for violations of ADA. |
Employment Law |
|
Dec. 22, 2006 | |
04-17295
|
Bates v. United Parcel Service
In class action where district court found employment discrimination under ADA, this does not automatically lead to finding Unruh Act violation. |
Employment Law |
|
Dec. 7, 2006 | |
04-15328
|
Glanton v. AdvancePCS Inc.
ERISA plan participants who have not suffered any cognizable injury lack standing to sue plan fiduciaries for breach of duty. |
Employment Law |
|
Dec. 7, 2006 | |
04-55582
|
Miller v. Xerox Corp. Retirement Income Guarantee Plan
Xerox Corporation's method of accounting for prior distributions in calculating employees' final retirement benefits violates ERISA. |
Employment Law |
|
Dec. 5, 2006 | |
S127921
|
Carter v. California Dept. of Veterans Affairs
Amendment to Fair Employment and Housing Act making employers liable when their employees are harassed by nonemployees applied retroactively to present action. |
Employment Law |
|
Nov. 28, 2006 | |
G036095
|
Wasti v. Superior Court (Ezratty)
In employment discrimination case, petitioner timely served her civil complaint where she did not file administrative complaint for investigation. |
Employment Law |
|
Nov. 26, 2006 |