News
Employment Practices
- [03/10] Senate to pass jobless aid, business tax breaks
- [03/09] Senate to take up unemployment insurance extension
- [03/08] Court will decide if NASA checks can continue
Labor
- [03/10] Highlights of Senate jobless aid bill
- [03/09] Ohio gunman recently learned he was being fired
- [03/09] Senate to take up unemployment insurance extension
Labor and Management Relations
- [03/10] Senate to pass jobless aid, business tax breaks
- [03/10] Highlights of Senate jobless aid bill
- [03/09] Senate to take up unemployment insurance extension
Litigation
- [03/10] Oligarch wins suit against Russian broadcaster
- [03/09] Prius driver's 911 call: 'My car can't slow down'
- [03/09] Feds to probe cause of runaway Prius in California
Case Summaries
ERISA
[03/01]
Jones v. Unum Provident Corp.
In an action under ERISA for wrongful denial of benefits, summary judgment for defendant is affirmed where: 1) defendant thoroughly investigated plaintiff's claim, both initially and when plaintiff appealed, and its initial and final decisions were carefully reasoned; and 2) coverage under the policy at issue lapsed more than six weeks prior to plaintiff's return to full-time work, and thus her later disability claim was not covered because of a pre-existing condition clause.
[02/26]
Overby v. Nat'l Ass'n of Letter Carriers
In an action seeking a declaration that a purported amendment to a trust plan, which would have rendered plaintiff ineligible to receive benefits under the plan as a surviving spouse, was not properly adopted, judgment for plaintiffs is affirmed where the district court committed no reversible error in either its factual determinations or in its conclusions of law in finding that the trustees of the plan had not submitted the amendment to the fund's actuaries for an evaluation and estimate of its cost, as required by the governing provisions of the plan, and therefore the amendment was not properly adopted.
[02/25]
Carpenters Dist. Council v. JNL Const. Co.
In an ERISA action on behalf of certain pension funds against a construction company claiming that defendants failed to contribute union employees' fringe benefits to the funds as required by collective bargaining agreements, summary judgment for plaintiffs is reversed where plaintiffs did not produce sufficient evidence to show the absence of trialworthy issues on the issue of whether defendant corporation was used to perpetrate a fraud.
Labor & Employment Law
[03/09]
San Francisco Hous. Auth. v. SEIU Local 790
Superior court's order vacating an arbitration award in its entirety on the ground that the the award is contrary to layoff provisions of the memorandum of understanding (MOU) between the parties is reversed as the remedy imposed by the arbitrator did not conflict with clear and explicit language of the MOU and it was rationally related to the breach identified.
[03/09]
Equal Employment Opportunity Comm'n v. Hosanna-Tabor Evangelical Lutheran Church & Sch.
In an employment discrimination and retaliation action brought by a teacher at a religious school claiming violations of the ADA, the district court's grant of summary judgment in favor of the defendant based on the "ministerial exception" is vacated and remanded as, given the factual findings relating to plaintiff's primary duties as a teacher, the district court erred in its legal conclusion classifying her as a ministerial employee.
[03/08]
McBeth v. Himes
In a 42 U.S.C. section 1983 action arising out of an investigation by the sheriff's office and the Colorado Department of Human Services that resulted in plaintiff surrendering her license to run a daycare facility in Colorado, partial summary judgment based on qualified immunity to defendant-officials is affirmed in part where: 1) plaintiff voluntarily relinquished her license before any suspension proceedings could take place; and 2) defendants made a prima facie showing that they acted objectively reasonably when they sought suspension of plaintiff's daycare license. However, the order is reversed in part where plaintiff failed to allege and prove that the state officials lacked cause to seek suspension of her license.
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