Wednesday, July 23rd, 2008

DAlaska: Burgess Resolves Part of Bethel Voting Rights Case

U. S. District Judge Timothy Burgess has resolved several issues raised by Yup’ik voters who sued the City of Bethel and the State of Alaska under the federal Voting Rights Act.  In one Order issued this Wednesday afternoon, Burgess held:

Because Plaintiffs have failed to raise a genuine issue of material fact as to whether Yup’ik […]

Wednesday, July 23rd, 2008

9th Cir: Discovery of Evidence of Conflict of Interest in ERISA Cases

The 9th Circuit has reversed a District Court’s refusal to permit discovery directed toward an ERISA plan administrator’s conflict of interest without a showing of “need.” 
In an unpublished decision, the panel held that Metropolitan Life Ins. Co. v. Glenn, 128 S.Ct. 2343 (2008), lowered the threshold for discovery of evidence of an administrator’s potential conflicts. 
Wilcox v. Wells Fargo […]

Wednesday, July 23rd, 2008

EEOC Manual on Religious Discrimination

The EEOC yesterday issued a 94-page Compliance Manual on religious discrimination.

Wednesday, July 23rd, 2008

9th Cir: Repudiation and Waiver of Duty to Arbitrate

In this morning’s opinion, the 9th Circuit has held that the court, not the arbitrator, decides whether an employer has either repudiated an arbitration agreement, or waived its right to compel arbitration of an employment dispute.  
On the merits of repudiation issue, the panel held that the the employee’s failure to properly initate arbitration (by submitting a formal Demand […]