Monday, June 4th, 2007

U S Supremes Grant Cert in EEOC Intake Case

The Supreme Court granted cert today on this issue:
Whether the Second Circuit erred in concluding, contrary to the law of several other circuits and implicating an issue this Court has examined but not yet decided, that an ‘intake questionnaire’ submitted to the Equal Employment Opportunity Commission (’EEOC’) may suffice for the charge of discrimination that […]

Monday, June 4th, 2007

Enhanced Attorney Fees: Ware v. Ware

Friday’s opinion in Ware v. Ware, 2007 WL 1575525 (Alaska June 1, 2007), included an extended discussion of Rule 82(b)(3) enhancements of fee awards.  Although this is not an employment case, the discussion may be useful in other types of cases.  Justice Carpeneti, with Justices Matthews and Eastaugh, upheld the trial court’s (Harold Brown) enhanced award of approximately 80% of […]

Monday, June 4th, 2007

U S Supremes Decide 1983 Fees Issue

In today’s opinion in Sole  v. Wyner, 2007 WL  1582904, the U S Supreme Court addressed this issue:
Does a plaintiff who gains a preliminary injunction after an abbreviated hearing, but is denied a permanent injunction after a dispositive adjudication on the merits, qualify as a ‘prevailing party’ within the compass of [42 USC] § 1988(b)?
The unanimous Court, […]

Monday, June 4th, 2007

Alaska Supreme Court: Oral Argument in Two Employment Appeals

The Alaska Supreme Court recently heard oral arguments in two employment-releated cases.
Miller v. Safeway, Inc., S-12331: 
Safeway terminated Miller’s employment in 2001 because Miller failed to comply with Safeway’s grooming code regarding hair, beards and mustaches. This is Miller’s second visit to the Supreme Court. The present appeal questions whether Safeway’s lack of documentation supporting the […]