The ABA Journal has now published excerpts from Bryan Garner’s new book, co-authored with Antonin Scalia.
Garner will speak on Advanced Legal Writing and Editing at the Friday (May 2nd) morning session of the Alaska Bar Association convention, according to the Bar’s Agenda.
Assistant Managers of Wal-Mart stores sued for unpaid overtime. The trial court denied certification under both Rule 23(b)(2) and (3). On interlocutory appeal, the 9th Circuit found no abuse of discretion as to Rule 23(b)(3), but held that the trial court erred as to Rule 23(b)(2). Under 9th Circuit precedent (vs. 5th Circuit), the non-incidental nature […]
The Alaska Supreme Court this morning affirmed Judge Mark Rindner’s award of overtime compensation, liquidated damages, and actual fees.
The employer admitted to misclassifying the employee (a registered nurse in a “home infusion department”) as exempt, and further admitted failing to keep accurate time records (it didn’t contest the employee’s claim that it had instructed her […]
Judge Frank Easterbrook, from the 7th Circuit, relies on empircal studies and writes about how to determine credibility:
The belief that many people form from watching television and movies—that this can be done by careful attention to a witness’s demeanor—has been tested and rejected by social scientists. Looking for mannerisms, hesitations, and perspiration is the method […]
Judge Ralph Beistline has approved the parties’ stipulated protective order in an FMLA case. The parties categorized sensitive information as either “Confidential Information” or “‘Attorneys’ Eyes Only’ Information,” though the significance of one category over the other is not clear, since the treatment of the information seems similar if not identical.
Judicial aproval of a stipulated protective order is not […]
Tim Dooley and Peter Partnow’s materials presented at the April 9th Employment Law Section meeting, entitled EMPLOYMENT LITIGATION IN ALASKA: FEDERAL COURT OR STATE COURT? WHAT’S A LITIGATOR TO DO?, are available here.
The Senate yesterday defeated the bill to overturn the ruling in Ledbetter v. Goodyear Tire (2007), by failing to invoke cloture. Senators Obama and Clinton voted Yea on cloture; Senators Stevens and Murkowski voted Nay on cloture. Senator McCain did not vote, but expressed his disapproval of the underlying bill.
After a court trial in a Federal Tort Claims Act case, Judge Ralph Beistline has issued a Memorandum Decision finding that the government was not negligent. Hazel Crawford had complained that the Air Force had failed to maintain the sidewalk and curb outside the Base Exchange at Eielson Air Force Base southeast of Fairbanks, and that its […]
Kohring recusal: Judge Sedwick’s recent order rejecting Victor Kohring’s motions for new trial and for recusal has been published at 2008 WL 1746700.
Opinion on rehearing in AirLog v. Throop: The Alaska Supreme Court recently rejected plaintiffs’ motion for rehearing, and somewhat modified the opinion issued last December. Lee Holen will do an analysis of the modified opinion. (Disclosure: […]
A Westours bus driver has lost the various wage issues that remained on remand after the Supreme Court’s earlier decision in Hallam v. Holland Am. Line, Inc., 27 P.3d 751 (Alaska 2001).
Law of the case: The Court (per C. J. Fabe) first held that Judge Michael Thompson was not obligated to follow Judge Larry Weeks’ […]
In what creates a split between the federal circuits, a man who was fired after his fiance filed a discrimination charge against his employer was allowed to proceed with a suit for retaliation. The 3rd, 4th, and 8th Circuits have decided to the contrary. Thompson v. North American Stainless, ____F3rd___, No. 07-5040 (6th Circuit, March […]
In Hernandez v. City of Vancouver, Mark Tanninen, No. 06-35713, filed April 14, 2008, the Ninth Circuit issued a memorandum opinion reversing summary judgment for the employer. Hernandez, a native and citizen of Mexico, asserted claims of disparate treatment, retaliation, and hostile work environment under 42 U.S.C. Sections 1981 and 1983. He also alleged city […]
Much to my dismay, our illustrious blog administrator is traveling in Poland at the moment, and he left me in charge of the site. I have not and could never live up to Will Schendel’s amazing blogging, and I am looking forward to his return, particulary since I just went through an office move while […]
Brady v. Office of the Sergeant at Arms, US House, cited below, can be found here.
Tuesday, April 22, is Equal Pay Day, the day in a year that marks the point at which a woman’s average wages catch up to that earned by a man the previous year. On average, a woman earns 77 cents for every dollar a man earns (63 cents for African American women and 52 cents […]
With a bipartisan group of more than 40 co-sponsors and support growing around the country, the National Employment Lawyers Association, a national bar association for attorneys representing employees, is hoping that the Senate will take up the Fair Pay Restoration Act, S. 1843, this month - possibly as early as next week. The Fair Pay […]
The Ninth Circuit recently ruled on a defamation claim brought by SDV/ACCI, Inc., and its owner officers against AT&T and one of its employees, Margaret Roman. AT&T often failed to pay its bills to the plaintiff company, which provided consulting services to AT&T. The plaintiff owners complained to AT&T through Defendant Roman, who reminded the plaintiffs that […]
The United States House of Representatives Sergeant at Arms demoted Standley Brady, a supervisor, after it concluded he grabbed his crotch in front of three employees. Brady sued under Titile VII, claiming he was demoted because of his race. The District Court granted summary judgment for the Sergeant at Arms on two grounds: (1) that […]
In Diaz v. Eagle Produce Limited, ___F3rd___, No, 05-35877, slip op. at 3519 (9th Circuit April 4, 2008), summary judgment against four farm workers in Phoenix was affirmed in part, reversed in part, and remanded for trial on one worker’s claim that he was laid off improperly from agriculture work in violation of the ADEA, […]
Female brokers at Smith Barney will be paid $33 million by Citigroup, Inc., for the company’s continuing to discriminate after a 1997 settlement of a federal court sexual harassment case. The suit filed in 2005 did not allege harassment, but contended the company did not live up to the promises made in the earlier settlement. As many […]
This is a 6th Circuit case where the plaintiff sued the company and its successor under the FMLA, Title VII, and state law. The appeals court held that where the defendant research and development company for the automotive industry (USCAR) employed contractor employees from another company, and that company was taken over by a third […]
Howard Schultz, Chairman and Chief Executive of Starbucks, has sent thousands of employees a voice mail message complaining about the court decision to require Starbucks to pay its baristas approximately $87 million plus interest for breaking the law by splitting their tips with shift supervisors. He contends that management “would never condone any type of […]
The cite to Blackberry Humor is here. H/T Dave Fleming, The Word on Employment Law blog.
Alaska Statute 23.10.430 provides:
An employer shall permit an employee or former employee to inspect and make copies of the employee’s personnel file and other personnel information maintained by the employer concerning the employee under reasonable rules during regular business hours.
8 AAC 15.910(d) implements the statute by defining “personnel file and other personnel information.”
Neither the statute nor […]
For the next two weeks, Lee Holen, plaintiff’s attorney extraordinaire, will be in charge of this site. If you wish to contribute a post on an employment-related topic, Alaska civil practice, or any of the other topics you occasionally see here, contact Lee at the address you see by clicking on her link in the […]
Judge John Sedwick has held that the Protection and Advocacy for Individuals with Mental Illness Act of 1986 preempts the “peer review” privilege created by AS 18.23.030.
The Disability Law Center of Alaska sought a preliminary injunction forcing the North Star Behavior Health System to turn over records about the treatment of a North Star patient, after receiving a […]
Daniel Mahoney sued several police officers for violating his constitutional rights through use of excessive force, assault and battery, false arrest, and false imprisonment, all arising from his wife’s 911 call reporting domestic violence. Mahoney relied on 42 USC § 1983. Judge Timothy Burgess has granted part of the defendants’ motion for partial summary judgment based on qualified […]
Property law in Victorian literature: Ilya Somin’s post on fee tails in Austen novels brought up great comments on similar issues in works by Trollope, Hardy, etc. Apropos of absolutely nothing except the connection with English novels, I recommend Anthony Powell’s A Dance to the Music of Time, a 12-volume roman fleuve. […]
The 9th Circuit has affirmed Judge Ralph Beistline in this case involving an Alaska prisoner.
In this post-remand appeal, we affirm the judgment of the district court that, under the unique and specific facts of this case and assuming the availability of the evidence in question, Osborne has a limited due process right of access to […]
Judge Timothy Burgess has denied part of the defendant employer’s reconsideration motion in this Title VII action alleging age, race, and parental status discrimination. The pro se plaintiff seems to be doing a good job of keeping the race part of her case alive. Judge Burgess earlier denied the employer’s summary judgment motion, and addressed […]
In an overtime misclassification case, a California court has held that portions of employer counsel’s pre-litigation review of jobs is not privileged, here, descriptions of the employees duties. H/T: Robin Weideman at California Labor & Employment Law Blog
The panel’s introduction says it all:
Marie Bernadette Mendiondo appeals from the district court’s order dismissing her complaint. Mendiondo worked as a nurse at Centinela Hospital Medical Center (”CHMC”) and alleged that, following her complaints regarding false billing and reimbursement practices and substandard patient care, she was wrongfully terminated in violation of the Federal False Claims […]
The successor-in-interest to the general contractor (Gaston and Associates) for the Anchorage Native Heritage Center sued its comprehensive general liability carrier for a declaration of rights with regard to claims made by several subcontractors. Judge John Sedwick has resolved many coverage and exclusion issues, relying frequently on Fejes v. Alaska Ins. Co., Inc., 984 P.2d 519 (Alaska […]
Donald Bennett, a Deputy U. S. Marshal in Fairbanks, alleged that the government discriminated against him because of his disability (diabetes), after he failed an annual blood glucose test. Because the Marshals Service had no appropriate light duty, Bennett took nine months of sick and annual leave. Bennett sued under the Rehabilitation Act, the Back […]
The state’s Office of Administrative Hearings, which handles adjudications for the Human Rights Commission as well as many other state agencies, has again failed to meet its promises to post its decisions on-line. See this earlier coverage. Those promises, from Chief Administrative Judge Terry Thurbon, go back to February of 2007. The alternative seems to be a legislative mandate.
