This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the DK-TEST Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Marin General Hospital v. Modesto & Empire Traction Co.
State law based causes of action, which stemmed from contract modified from ERISA plan, are not completely preempted by federal jurisdiction.
Employment Law Sep. 14, 2009
EEOC v. Go Daddy Software Inc.
Judgment as matter of law is not granted to change verdict against employer for discriminatory termination where adequate evidence supported verdict.
Employment Law Sep. 14, 2009
Gossett v. Czech
Reimbursement to state hospital for cost of care from veteran's benefits does not violate Veterans' Benefits Act.
Employment Law Sep. 11, 2009
Scharff v. Raytheon Co. Short Term Disability Plan
Display of statute of limitations for appeals process in self-funded benefits plan meets 'reasonable expectations' test where disclosure satisfied regulatory requirements.
Employment Law Sep. 11, 2009
Nicholson v. Hyannis Air Service, Inc.
Summary judgment for flight company is improper where female pilot showed prima facie case for sex discrimination.
Employment Law Sep. 9, 2009
Cortez v. Abich
Homeowners are exempt from Occupational Safety and Health Act regulations where home remodeling project was to enhance enjoyment of their residence.
Employment Law Sep. 4, 2009
Jeewarat v. Warner Bros. Entertainment Inc.
Employer is vicariously liable for tort committed by employee while traveling home from business conference.
Employment Law Sep. 4, 2009
Ali v. U.S.A. Cab Ltd.
Class certification properly denied where declarations by putative class members were used to show lack of commonality.
Employment Law Aug. 26, 2009
Rutti v. Lojack Corp. Inc.
Employer may have to compensate employees for time spent uploading work data to company database while at home.
Employment Law Aug. 25, 2009
Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Hartford Fire Insurance Co.
Judgment against company serving as surety on 'statutorily required payment bonds' reversed for lack of notice.
Employment Law Aug. 25, 2009
EEOC v. The Boeing Co.
EEOC presents adequate evidence for jury to infer that employer deliberately transferred employee to department where she was likely to fail.
Employment Law Aug. 19, 2009
Mueller v. County of Los Angeles
Employer's policy against retaliation does not impose mandatory duty to conduct investigation into employee's complaints of harassment.
Employment Law Aug. 17, 2009
Asdale v. International Game Technology
Former employees of publicly-traded company raise valid claim under whistleblower protection law based on reports of possible shareholder fraud.
Employment Law Aug. 14, 2009
Boucher v. Shaw
Individual officers and managers are liable for unpaid wages under Fair Labor Standards Act despite corporation being bankrupt.
Employment Law Aug. 12, 2009
Sanchez v. County of San Bernardino
Confidentiality provision is not void where employer had no duty to disclose circumstances underlying severance agreement.
Employment Law Aug. 11, 2009
Sasco Electric v. California Fair Employment and Housing Commission (Scherl)
Employer commits pregnancy discrimination where employee would not have lost her job working on yacht if she had not been pregnant.
Employment Law Aug. 10, 2009
SEIU v. National Labor Relations Board
Union is required to give 10-day notice prior to engaging in collective refusal to work.
Employment Law Aug. 4, 2009
California Grocers Association v. City of Los Angeles
City ordinance requiring purchasers of large grocery stores to maintain prior owner's workforce for 90 days is preempted by state law.
Employment Law Aug. 3, 2009
Farahani v. San Diego Community College District
Terminated professor entitled to reinstatement where signed agreement containing waiver of appeal rights is null and void.
Employment Law Jul. 30, 2009
Lockhart v. MVM, Inc.
Grant of summary judgment is proper where plaintiff's state employment claims were barred by federal enclave doctrine.
Employment Law Jul. 28, 2009
Johnson v. Couturier, Jr.
Preliminary injunction upheld where defendant's inability to reimburse advancement of defense costs constitutes irreparable injury.
Employment Law Jul. 28, 2009
Kraus v. Presidio Trust Facilities Division/Residential Management Branch
Aggrieved federal employee does not fail to exhaust her claims where she contacted employment opportunity officer immediately after incidents of discrimination.
Employment Law Jul. 24, 2009
Martorana v. Marlin & Saltzman
Duty owed by class counsel does not require follow-up contact of class member who fails to file timely claim.
Employment Law Jul. 20, 2009
Trustees of the Screen Actors Guild-Producers Pension and Health Plans v. NYCA Inc.
Employment benefit plan cannot recover unpaid contribution from employer who was not party to collective bargaining agreement.
Employment Law Jul. 17, 2009
Messenger Courier Association of the Americas v. California Unemployment Insurance Appeals Board
California Unemployment Insurance Appeals Board’s decision as to whether employer properly treated workers as independent contractors is entitled to precedential effect.
Employment Law Jul. 17, 2009
Harris v. Amgen Inc.
Former employee who voluntarily withdraws assets from defined contribution plan governed by ERISA has standing to sue.
Employment Law Jul. 15, 2009
Sznewajs v. U.S. Bancorp Amended and Restated Supplemental Benefits Plan
Abuse of discretion standard applies to pension plan administrator's decision to treat second wife as survivor beneficiary.
Employment Law Jul. 14, 2009
Hughes v. Pair
Plaintiff alleging sexual harassment in relationship outside workplace must prove that conduct altered employment conditions or amounted to threat of assault.
Employment Law Jul. 7, 2009
Chau v. Starbucks Corp.
Starbucks Corporation shift supervisors working on service team with baristas are entitled to portion of collective tip.
Employment Law Jul. 7, 2009
Choi v. Orange County Great Park Corp.
Plaintiffs are 'prevailing parties' entitled to attorney fees where property development committee was compelled to produce CEO candidate resumes.
Employment Law Jul. 2, 2009