FindLaw Labor & Employment Law Summaries - May 23-May 27, 2011

Weekly Opinion Summaries Labor & Employment Law May 23-27, 2011 FindLaw.com Weekly Labor & Employment Law Newsletter Quick Links Cases & Codes Careers LawBrain Legal Market Center Lawyer Directory Lawyer Marketing You may forward this e-mail in its entirety. Table of Contents Labor & Employment Law Aponte-Rivera v. DHL Solutions (USA), Inc. Scott v. City of New York Lewis v. US Scott C. Moody, Inc. v. Starr Surgical Co. Cal. Assn. of Professional Scientists v. Dept. of Finance International Assn. of Firefighters Local 230 v. City of San Jose FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com. SPONSOR Labor & Employment Law United States First Circuit, 05/25/2011 Aponte-Rivera v. DHL Solutions (USA), Inc., No. 10-1655 In a Title VII action alleging gender discrimination, district court's remittitur of $150, 000 is affirmed where court's finding that although the evidence produced at trial was sufficient to show a hostile work environment, the evidence did not support the amount of damages awarded did not constitute an abuse of discretion. Read more... United States Second Circuit, 05/24/2011 Scott v. City of New York, No. 09-3943 In a dispute involving the scope of the Carey rule as applied to the award of attorney’s fees and arising from the Fair Labor Standards Act’s fee shifting provision, 29 U.S.C. section 216(b), judgment of the district court is reversed because a district court’s personal observation of an attorney’s work is not by itself a sufficient basis for permitting a deviation and awarding fees in the absence of contemporaneous records Read more... United States Ninth Circuit, 05/26/2011 Lewis v. US, No. 10-35624 In a dispute arising from the termination plaintiff's employment by the United States Air Force, judgment of the district court affirming a decision of the Merit Systems Protection Board in favor of the defendant is affirmed, where defendant acted within its discretion in removing plaintiff from her position after she took a leave of absence on account of the Family Medical Leave Act without the proper documentation and approval. Read more... SPONSOR California Court of Appeal, 05/24/2011 Scott C. Moody, Inc. v. Starr Surgical Co., No. G043230 In a dispute arising from counsel's violation of a sidebar directive, order of the trial court imposing a fine on defense counsel, Code of Civil Procedure section 177.5, is affirmed where counsel directly and willfully disobeyed court order and because the imposition of the fine was reasonable. Read more... California Court of Appeal, 05/25/2011 Cal. Assn. of Professional Scientists v. Dept. of Finance, No. C063118 In a petition for a writ of mandate compelling defendant to take steps necessary to present salary adjustments approved by the state Department of Personnel Administration (DPA), judgment of the trial court granting writ is reversed where the court exceeded its jurisdiction because neither Government Code section 19826 nor section 18500 imposed on defendant a ministerial duty to seek an appropriation to fund salary adjustments approved by the DPA Read more... California Court of Appeal, 05/24/2011 International Assn. of Firefighters Local 230 v. City of San Jose, No. H035065 In a labor dispute involving the Firefighters Procedural Bill of Rights Act (FFBOR), Gov. Code sections 3250-3262, and arising from the trial court's denial of plaintiff's petition to compel arbitration, judgment of the trial court is affirmed where petition is not moot, and the Public Employment Relations Board has exclusive initial jurisdiction because the petition alleges an unfair labor practice within the meaning of section 3509 of the Meyers-Milias- Brown Act due to the defendant's refusal to meet and confer regarding the implementation of the FFBOR. Read more... SPONSOR FindLaw includes summaries of all Supreme and Appellate Court slip opinions posted on the official Illinois Courts site. FindLaw summaries include opinions that have not yet been released for publication and may be subject to modification, correction or withdrawal. Check the Illinois Courts site to determine if a specific opinion has been released before relying on that case as precedent. Feedback We value your comments! Please take a moment to tell us what you think by sending us an e-mail. Subscription Information Click here to subscribe to a FindLaw Newsletter. To unsubscribe, click here. Advertising Information For more information about advertising in FindLaw Newsletters, click here. 800 W. California Ave., Sunnyvale, CA 94086

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