On February 25th, we reviewed three bills before the Alaska Legislature. Here’s the current status:
Frivolous litigation
HB 349 (Chenault) would amend Civil Rule 82(b) and Appellate Rule 408(e) [and codify both] to authorize fee awards against attorneys and parties who defend, as well as prosecute “frivolous litigation,” including cross-appeals as well as appeals. Update: The bill has gone […]
If you are old enough to remember pulp fiction — I don’t mean the movie, I mean the drugstore literature — then the Hard Case Crime series will appeal to you. These are “hard boiled” books, some of them reprints of old crime novels, some of them newly written, that would make Dashiell Hammett proud, […]
We reviewed major employment bills on February 22nd. Here’s what’s happened since then (bottom line: not much):
Caps on mandatory overtime for nurses: CSSB 28 (B. Davis) would set caps on mandatory overtime (generally 80 hours in a 14-day period, though with multiple exceptions), and establish an enforcement process in the Department of Health and Social Services. […]
Not many Alaska law firms are large enough, I bet, to do formal performance reviews of their attorneys. Maybe such reviews are common in mega-firms. Here’s one done for the former Paul Hastings associate whose departure has recently been big news. The attorney apparently authorized the release of the review. H/T: Wall Street Journal Law Blog
Allegations of an unsafe work environment, unresponsive management at Big Law: a law student perspective
This morning news of a claim filed with both the EEOC and the Massachusetts Commission Against Discrimination against Boston firm Bingham McCutchen began making the rounds, and by noon the blawgosphere was in its typical frenzy. Michelle A. Moor, an ex-associate […]
In a Clean Water Act case, where the court will first decide liability, Judge John Sedwick has excluded the testimony of numerous defense witnesses, relying on the defendants’ summary of proposed testimony. Sedwick ruled that most of the proposed testimony is relevant only in the penalty phase of the litigation.
Sedwick also held that Alaska DEC […]
There’s been much publicity the last several days about the claim by the Paul Hastings attorney that the firm laid her off with, at least, great insensitivity. Here’s the Release that Paul Hastings presented to her. The attorney rejected the offer (which included a non-disparagement provision).
H/T: Above the Law
If an employer evaluates an employee for a disability, or tries to accommodate a possible disability, will its actions boomerang and constitute evidence that it “regarded” the employee as disabled? The 9th Circuit says, No.
That the County was aware of Magdaleno’s PTSD diagnosis, required him to submit to a psychological evaluation, and took steps to accommodate […]
FMLA adverse action: An employee alleged that her employer retaliated against her for assertion of her FMLA by transferring her. She, thus, had to show that the transfer was an “adverse employment action.” The 9th Circuit reversed summary judgment for the employer, because of evidence that the new sales position covered a lower-growth territory with less possibility for commissions […]
If you want to see a sharp British film about a bank robbery that has a deliciously complex plot about petty thieves, British intelligence, the naughty Royals and the evil that lives in men’s hearts (until the reasonably happy ending), try The Bank Job, which is a little hard to find but well worth it.
I […]
At the Friday Annual Business Meeting, departing Bar President Matt Claman presented the Robert K. Hickerson Public Service Award to Rick Friedman; and the ALSC Pro Bono 25th Anniversary Awards to Mendel & Associates and to John Treptow.
At the Thursday evening Awards Reception and Banquet, the awards were:
Alaska Court System Community Outreach: Morgan Christen
Bryan P. Timbers Pro Bono Awards: Law Firm: Davis Wright Tremaine; Practitioner: Phil Eide; Lifetime Achievement Award: Ashburn & Mason
Alaska Bar Association Distinguished Service: Mary Gilson
Ledbetter: In his presentation on U. S. Supreme Court opinions, Edwin Chemerinsky predicted that the Court would issue 65 opinions this term (down from 68 last year). As to Ledbetter v. Goodyear, he expressed surprise that the employee hadn’t petitioned for cert on the Equal Pay Act claim, stressed that the majority hadn’t decided whether equitable […]
