In the course of criticizing a District Court’s review standard for an ERISA decision, a 9th Circuit panel stated:
That construction of the standard was plainly wrong, obnebulated the whole process, and failed to constitute “an independent and thorough inspection of [the] administrator’s decision.”
Ermovick v. Mitchell Silberberg and Knupp LLP Long Term Disability for All Employees, 2008 WL 2415728 […]
The 9th Circuit has confirmed that an ADA plaintiff needn’t submit comparative evidence to establish “impairment,” at least to survive summary judgment. The case involved a UPS driver whose heart condition made him dizzy in hotter temperatures. The District Court granted UPS summary judgment because the employee failed to present evidence of general population characteristics.
The […]
The 9th Cricuit has rejected a public policy challenge to an arbitration award that reinstated employees who received “no match” letters from the Social Security Administration. The panel affirmed an arbitration award that found that the employer had not knowingly employed undocumented workers.
The court summarized the “public policy” defense to an arbitration award as follows:
“To […]
