Friday, March 18, 2011

FindLaw Labor & Employment Law Summaries - March 14-March 18, 2011

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Labor & Employment Law

March 14-18, 2011 FindLaw.com Weekly Labor & Employment Law Newsletter
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Labor & Employment Law

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Labor & Employment Law

United States Third Circuit, 03/15/2011
Leap Systems Inc v. Moneytrax Inc, No. 10-2965, 10-3107
In a commercial dispute, district court's order denying motion by petitioner to unseal portions of a judicial record containing the terms of a confidential settlement agreement is affirmed, where, on balance, the privacy interest of plaintiff outweighs public interest in disclosure. Read more...

United States Fourth Circuit, 03/16/2011
Solis v. Malkani, No. 09-1383
In an appeal arising out of ERISA, district court judgment in favor of plaintiff is affirmed where there is no error. Read more...

United States Ninth Circuit, 03/17/2011
Sanders v. City of Newport, No. 08-35996
In a labor and employment dispute involving employer liability for FMLA and OFLA violations following the termination of plaintiff after an approved medical leave, judgments of trial court are reversed where trial court improperly instructed the jury on the elements of FMLA interference claim. Read more...





California Court of Appeal, 03/15/2011
CSEA v. Governing Bd. East Side Union, No. H034866
In a labor and employment dispute implicating Education Code sections 4529 and 45113(a), denial of petition for a writ of mandate by trial court is affirmed where the permanent status of an employee is restricted to the position or class in which it was attained and is not retained when the employee is reemployed in a different, lower position. Read more...

California Court of Appeal, 03/16/2011
Bartholomew v. SeaRiver Maritime, Inc., No. A127424
In an appeal arising under the Longshore and Harbor Workers Compensation Act, 33 U.S.C. section 901, et seq, the trial court's summary judgment in favor of defendant is affirmed where there is no triable issue of material fact that defendant breached a duty owed to plaintiff. Read more...

California Court of Appeal, 03/16/2011
Div. of Labor Standards v. Moreno Construction, Inc., No. F059454
In a consolidated dispute involving violations of the state's prevailing wage law, Labor Code section 1742, trial court denial of motions by defendants for lack of subject matter jurisdiction is affirmed in the case of one defendant but reversed in the other where trial court had jurisdiction to entertain both motion on its merits. Read more...

California Court of Appeal, 03/16/2011
Hall v. Goodwill Industries, No. B215860
In a dispute involving a claim of wrongful termination and retaliation under the Fair Employment and Housing Act, grant of summary judgment by trial court is affirmed where action was time-barred because one-year limitations period set forth in Government Code section section 12965(b) begins to run as of the date a right-to-sue notice is issued. Read more...

California Court of Appeal, 03/17/2011
Shanahan v. State Farm General Ins. Co., No. G042988
In a case for breach of contract and breach of the convenant of good faith and fair dealing arising out of the refusal by defendant to defend the plaintiff in a sexual harassment lawsuit, summary judgment in favor of the defendant is affirmed where there was no triable issue of fact regarding the causes of action of the underlying litigation such that defendant was required to defend plaintiff under the terms of an existing insurance policy. Read more...

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