Wednesday, June 18th, 2008

9th Cir: Employee Privacy in Text Messages

The 9th Circuit has held that public employees enjoy a constitutionally-protected reasonable expectation of privacy in the content of text messages they send over employer-provided pagers, even if the employer has promulgated a no-privacy rule, if the employer also has an informal policy of not auditing the content.  Here, while the author of the informal […]

Wednesday, June 18th, 2008

Mitigation of Damages: NLRB Sets 2-Week Deadline to Start Worksearch

The National Labor Relations Board has issued a Memorandum that lays out the Board’s policy regarding mitigation of damages. 
Here’s the summary:

On September 11, 2007, the Board issued its decision in Grosvenor Orlando Associates, LTD., d/b/a The Grosvenor Resort, and its general partners Grosvenor Properties, Ltd., Donald E. Werby and Robert K. Werbe, 350 NLRB No. […]

Wednesday, June 18th, 2008

DAlaska: Expert Testimony on Safety Standards and Warnings

U. S. District Court Judge John Sedwick has denied two defense in limine motions in the window blind strangulation case reviewed here yesterday. 
In his first order, Sedwick permitted plaintiffs to call Dr. Jon Jacobson, a multi-degreed professional engineer, to testify on the adequacy of a trade association safety standard.  Sedwick rejected defense objections based on a) […]