Monday, August 11th, 2008

9th Cir: Panel Affirms Dismissal of Alaska IDEA Claim for Failure to Exhaust

The 9th Circuit panel that heard arguments in Anchorage on August 4-7 has issued its first opinion.  It affirmed Judge Ralph Beistline’s dismissal of a a claim under the Individuals with Disabilities Education Act for failure to exhaust administrative remedies.
Brooke’s failure to pursue a due process hearing cannot be excused. Although administrative exhaustion may be unnecessary when […]

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Filed under Education, Disabilities

Monday, August 11th, 2008

DAlaska: Beistline Revisits Covenant of Good Faith and Fair Dealing

In the “Sweetie” termination case against Fred Meyers discussed earlier, the Alaska Supreme Court, in Feburary, declined Judge Beistline’s certified question - whether any Alaska public policy prohibits an employer from discharging an at-will employee in order to replace her with someone else, even if the discharge is motivated by a hoped-for romantic interest.  Beistline had […]

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Filed under Good faith covenant