The Alaska Supreme Court (per Justice Winfree) has held that a disciplined employee may look to the employer’s subsequent discipline of other employees for comparison under the objective wing of the covenant of good faith and fair dealing. In so ruling, the Court relied on Title VII caselaw. Because the trial judge (Richard Erlich of […]
The 9th Circuit has affirmed a trial court judgment that an employer lost its EPLI coverage for failure to disclose earlier harassment and discrimination claims. The panel applied California insurance law.
Admiral Ins. Co. v. Debber, 2008 WL ________ (9th Cir. Sept. 26, 2008)
The 9th Circuit distinguishes between issue exhaustion and remedy exhaustion, and decided this morning that ERISA requires the latter but not the former. Thus, a participant’s failure to argue reasons in an internal appeal does not prevent her or him from arguing thsoe reasons before the District Court.
The majority held:
Because ERISA and its implementing regulations create […]
