Friday, June 27th, 2008

Kleinfeld Ex-Clerk Hits the Bigtime

Bryan Frye, law clerk for Judge Andrew Kleinfeld in Fairbanks last year, wrote a law review article cited by Justice Scalia in his majority opinion in the Second Amendment case.  WSJ Law Blog covers the story.  More at Volokh Conspiracy.
H/T: Sarah Schendel

Friday, June 27th, 2008

9th Cir: Preemption of State Fee Awards in Little Title VII Cases

Does federal law prevent a prevailing employer from recovering attorney fees against an employee who files under a ”little Title VII” law?  The 9th Circuit says Yes, if the state law is at least as employee-protective as Title VII. 
A violation of the federal ADA constitutes a violation of the CDPA [California Disabled Persons Act]. See, e.g., Cal. Civ. […]

Friday, June 27th, 2008

9th Cir: Consequential Wage Loss Under the FMLA

In a Ninth Circuit opinion published this morning, the issue was:
Whether the FMLA allows a plaintiff to recover damages for absences from work [i.e., lost wages] that were caused by an emotional condition that itself resulted from the employer’s wrongful denial of FMLA leave.
The 9th Circuit agreed with prevailing caselaw that an FMLA plaintiff may not […]