Thursday, June 21st, 2007

USSCt: Procedural Due Process and Ex Parte Evidence

Today’s opinion in Tennessee Secondary School Athletic Ass’n v. Brentwood Academy, 2007 WL 1773196 (June 21, 2007), resolved two issues: Did the Ass’n violate the 1st Amendment when it enforced its rule barring high school coaches from recruiting middle school athletes (Answer: No)? and Did the Ass’n violate Due Process when its hearing panel, during deliberations, […]

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Filed under 1983, Due process

Thursday, June 21st, 2007

9th Cir: No 301 preemption for state wage claim

Robert Burnside and 270 other unionized employees sued Kiewit Pacific under California state law for pay for time spent travelling between designated meeting sites and job sites.  Kiewit claimed that the collective bargaining agreement preempted such claims, and left Burnside’s class with only federal claims under the CBA.
Kiewit removed to federal court.  When Burnside moved to […]

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Filed under Preemption