Wednesday, May 28th, 2008

United States Supreme Court Issues Two New Retaliation Opinions

Introduction
The United States Supreme Court issued two new labor and employment law opinions on May 27, 2008, dealing with retaliation-related issues.  This summary briefly reviews both cases and their significance.
Gomez-Perez v. Potter
Gomez-Perez, a federal worker employed by the USPS, filed suit alleging a retaliation claim under the Age Discrimination in Employment Act of 1967 (“ADEA”).  […]

Wednesday, May 28th, 2008

DAlaska: Insurer’s Refusal to Arbitrate; Expert Witness on Insurance Practices

Where an UIM policy provides that disputes may be resolved by either arbitration or trial, but also provides that both parties must agree to arbitration, may the insurer ever be liable for breach of the covenant of good faith and fair dealing when it rejects arbitration and insists on litigation?  In a case involving Safeco, Judge […]

Wednesday, May 28th, 2008

Recent Employment Law Opinions

Enforcement of settlement agreement: A federal court lacks jurisdiction to address an alleged breach of a settlement agreement if it hadn’t retained jurisdiction over the agreement in the order of dismissal or  incorporated the terms of the settlement agreement in the order of dismissal.  Kiefer v. Lithia Motors, Inc., 2008 WL _______ (9th Cir. May 27, […]