Asset Marketing Systems, Inc. v. Gagnon, 542 F.3d 748 (9th Cir. 2008)
Kevin Gagnon, doing business as “Mister Computer,” alleged that his former customer, Asset Marketing Systems (“AMS”), infringed his copyright in six computer programs that he wrote for AMS by continuing to use and modify them without his consent and that AMS misappropriated trade secrets contained in the programs’ source code. After AMS
Nadaf-Rahrov v. Neiman Marcus Group, Inc., 166 Cal. App. 4th 952 (2008)
Forough Nadaf-Rahrov worked as a clothes fitter for Neiman Marcus in Dallas before transferring to San Francisco in the mid- 1990s. She suffered from recurrent back and joint pain and was diagnosed with carpal tunnel syndrome and osteoarthritis. In November 2003, she commenced a requested family medical leave of absence, which was
Kullar v. Foot Locker Retail, Inc., 168 Cal. App. 4th 116 (2008)
Crystal Echeverria and two other objectors challenged the fairness and adequacy of a settlement of a class action lawsuit involving approximately 18,000 Foot Locker employees who were required to “purchase and wear shoes of a distinctive design or color as a term and condition of their employment” (the “uniform class”) as well
Varisco v. Gateway Science & Eng’g, Inc., 166 Cal. App. 4th 1099 (2008)
Gateway engaged Al Varisco to provide construction inspection services on two projects it was doing for the Los Angeles Unified School District (“LAUSD”). Gateway retained Varisco pursuant to a letter agreement whereby he was to be paid $75 per hour for the inspection services, which he performed directly for the LAUSD.
Stillwell v. The Salvation Army, 167 Cal. App. 4th 360 (2008)
Arthur Stillwell sued The Salvation Army (“TSA”) for breach of an implied agreement to terminate his employment only for good cause. The jury found that TSA breached an implied agreement with Stillwell and awarded him more than $155,000 – but it also determined that Stillwell had executed an enforceable agreement that rendered his
Brinkley v. Public Storage, Inc., 167 Cal. App. 4th 1278 (2008)
Fred Brinkley, a property manager for Public Storage, asserted class action and individual claims for violations of Labor Code § 226 (requiring accuracy of paystubs) and § 226.7 (meal and rest period requirements). The trial court granted summary adjudication in favor of the employer on these claims, which the Court of Appeal affirmed.
Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008)
Three Oracle instructors (all non-residents of California) filed this class action to recover allegedly unpaid overtime under California law for work they performed while in California. Two of the instructors were residents of Colorado and one was a resident of Arizona; all of them worked in their home states and, from time to time,
Mora v. Hollywood Bed & Spring, 164 Cal. App. 4th 1061 (2008)
Salvador Mora sued his former employer and its president after his arm was crushed in a power press machine. Mora alleged the machine lacked an adequate guard to protect against injury and, therefore, pursuant to Cal. Lab. Code § 4558, he was not limited to a remedy provided under the Workers’ Compensation
United States v. Easterday, 539 F.3d 1176 (9th Cir. 2008)
Jack Easterday operated a chain of nursing homes. Between 1998 and 2005, the payroll taxes for his company and its subsidiaries were approximately $45 million of which only $26 million was paid to the IRS. In his criminal trial for failure to pay over payroll taxes, Easterday did not dispute that he failed to
Avila v. Continental Airlines, Inc., 165 Cal. App. 4th 1237 (2008)
Henry Avila sued his employer, Chelsea Food Services (a division of Continental Airlines), following his termination for excessive absences from work. Avila sued for disability discrimination and for violation of his rights under the California Family Rights Act (“CFRA”). The trial court granted summary judgment to Continental, but the Court of Appeal reversed