Friday, June 3, 2011

FindLaw Labor & Employment Law Summaries - May 30-June 03, 2011

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Labor & Employment Law

May 30-June 03, 2011 FindLaw.com Weekly Labor & Employment Law Newsletter
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Labor & Employment Law

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Labor & Employment Law

United States Second Circuit, 05/31/2011
Hart v. Family Dental Group, PC, No. 10-1008
In a dispute involving the scope of the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. section 4301 et seq., judgment as a matter of law in favor of the defendant by the district court is affirmed where there was no reasonable basis to find a section 4312(a) violation because plaintiff was rehired with the same title, salary, and other conditions of employment after his return from military service. Read more...

United States Ninth Circuit, 06/01/2011
McCollum v. CDCR, No. 09-16404
In a quasi-constitutional challenge to defendant's paid chaplaincy program by a group of Wiccan inmates involving a claim of remuneration by a volunteer chaplain, judgment of the district court dismissing action is affirmed where: 1) lead plaintiff lacked standing; and 2) the court need not exercise jurisdiction over derivative claims. Read more...

United States Ninth Circuit, 06/02/2011
Jackson v. Tate, No. 10-35355
In an action involving a claim by the plaintiff that National Guard recruiters forged his signature on re-enlistment papers, judgment of the district court dismissing complaint for lack of subject matter jurisdiction is reversed because the Feres doctrine does not bar a discharged serviceman, who remains in the Individual Ready Reserve, from suing active duty National Guard recruiters and where the recruiters meet the prima facie test as federal employees under the Westfall Act. Read more...





California Court of Appeal, 06/02/2011
Hall-Villareal v. City of Fresno, No. F060144
In a petition for a writ of mandate ordering the respondent to conduct a hearing on the merits of a termination decision, judgment of the trial court granting petition is affirmed where: 1) the application for retirement benefits did not divest the Civil Service Board of jurisdiction to hear petitioner's appeal; and 2) due process requires that a good-cause exception for late-filed appeals be read into the administrative procedure, as a fundamental vested right to continued employment is at stake. Read more...

California Court of Appeal, 06/02/2011
Clark v. Superior Court, No. D058568
In a petition for a writ of mandate seeking recession of an order disqualifying petitioner's counsel on Rico grounds, petition is denied where disqualification order was not an abuse of discretion. Read more...

California Court of Appeal, 06/02/2011
United Parcel Service v. Superior Court, No. B227190
In a petition for a writ of mandate challenging the trial court's specific rulings arising from Labor Code section 226.7, petition is denied because trial court properly held that section 226.7 permits up to two premium payments per work day. Read more...

Court of Appeals of New York, 06/02/2011
In the Matter of Rachel Cohn, No. 101, 102
In an Article 78 proceedings against the Board of Education seeking to compel the Board to expunge letters of reprimand from the personnel files of petitioners pursuant to Education Law section 3020-a, judgment of the appellate division denying petitions is affirmed where the letters at issue are not subject to 3020-a procedures. Read more...

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.


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