Thursday, September 25th, 2008

9th Cir: Court Vacates Mandatory Arbitration Opinion

The Court today vacated its August 22nd memorandum opinion in Gray v. Rent-a-Center, earlier discussed here, presumably because the parties settled the matter.

Thursday, September 25th, 2008

9th Cir: Attorney Fee Awards in Social Security Cases

The 9th Circuit has consolidated three appeals and issued a broad-ranging opinion on the attorney fees methodology it reads in Gisbrecht v. Barnhart, 535 U.S. 789 (2002).  It affirmed awards below those dictated by the contingent fee contracts in the cases.
The majority held:
We read Gisbrecht not to prohibit a district court from making lodestar-type calculations, but only from […]

Thursday, September 25th, 2008

Congress and President Enact ADA Amendments Act

“Mitigating Measures” No Longer To Be Considered In Determining Disability
The Americans with Disabilities Act (ADA) has been amended to overturn restrictive Supreme Court rulings and restore the law’s original promise to people with disabilities. 
The law’s effective date is January 1, 2009.
The ADA-AA was Congress’s response to the Supreme Court’s stringent construction of the terms […]

Thursday, September 25th, 2008

More Palin-Triggered Employment Litigation

Joe van Treeck worked for Matanuska Maid from 1985 until July 2007, the last 21 years as CEO and COO.  Last summer he either resigned or was fired by the new Creamery Board appointed by Gov. Sarah Palin.  Stories about the controversy appeared at the time in the Anchorage Daily News and, more recently, in the September 16th […]