Lowdermilk v. United States Bank Nat’l Ass’n, 2007 WL 678221 (9th Cir. Mar. 2, 2007)
Plaintiffs in this class action sought unpaid wages and penalties under Oregon state law as well as costs and attorneys’ fees for a total amount of alleged damages that did not exceed $5 million. The Bank removed the action to federal court under the Class Action Fairness Act of
Amalgamated Transit Union v. Superior Court, 2007 WL 602519 (Cal. Ct. App. Feb. 28, 2007)
Two labor unions representing mechanics and transit operators filed this lawsuit against several transit company employers, alleging the employers had failed to provide their employees with the meal and rest periods required by law. The unions asserted they had standing to sue under the Unfair Competition Law (UCL) and
Incalza v. Fendi N. Am., 2007 WL 656355 (9th Cir. Mar. 6, 2007)
Giancarlo Incalza, a native and citizen of Italy, was the manager of the Beverly Hills Fendi store, an Italian fashion designer. He had an E-1 visa that was secured with Fendi’s assistance. When French nationals purchased a majority interest in Fendi, Fendi’s immigration counsel told the company that although the E-1
Gambini v. Total Renal Care, Inc., 2007 WL 686350 (9th Cir. Mar. 8, 2007)
Stephanie Gambini sued her former employer, Total Renal Care, Inc., d/b/a DaVita, Inc., alleging that it had discriminated against her in violation of Washington state law prohibiting disability discrimination and the federal Family Medical Leave Act. Gambini was terminated from her employment as a contracts clerk after she exhibited a
Jones v. The Lodge at Torrey Pines P’ship, 147 Cal. App. 4th 475 (2007)
Scott Jones was employed by The Lodge at Torrey Pines (LTP) as its outlet manager and was responsible for the restaurant, bar, catering, banquet events and the beverage cart service to golfers. At trial Jones testified that Jean Weiss, LTP’s food and beverage director, and another employee directed graphic “gaybashing”
United States v. Ziegler, 474 F.3d 1184 (9th Cir. 2007)
After the owner of Frontline Processing contacted the FBI with a tip that an employee, Brian Ziegler, had accessed child pornography on the Internet from a workplace computer, Frontline entered Ziegler’s locked office and made a copy of the computer’s hard drive, which was provided to the FBI. Forensic examiners at the FBI discovered
ViChip Corp. v. Lee, 438 F. Supp. 2d 1087 (N.D. Cal. 2006)
ViChip sued Dr. Tsu-Chang Lee, the company’s former CEO, president, secretary, CFO and sole director, for breach of contract, breach of fiduciary duty, trade secret misappropriation, violation of the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, and conversion. Lee asserted counterclaims against ViChip, alleging misappropriation, unjust enrichment, intentional
Dukes v. Wal-Mart, Inc., 474 F.3d 1214 (9th Cir. 2007)
Plaintiffs in this Title VII class-action lawsuit alleged that women employed in Wal-Mart stores are paid less than men in comparable positions, despite having higher performance ratings and greater seniority, receive fewer promotions to instore management positions, and that those who are promoted must wait longer than their male counterparts to advance. The class,
Robinzine v. Vicory, 143 Cal. App. 4th 1416 (2006)
Kimberly and Clifford Robinzine sued their former employer, RPM Company, and a number of coworkers for employment discrimination and related claims. The Robinzines also asserted a claim for malicious prosecution, which arose from a temporary restraining order that the employer had obtained against Clifford for an alleged threat of workplace violence. (When RPM was subsequently
United States v. Tuff, 469 F.3d 1249 (9th Cir. 2006)
James H. Tuff received non-qualified stock options as an employee of RealNetworks, which he twice exercised in 1999 to purchase shares in the company that were worth more than $460,000. Tuff contended that he realized income only when the shares were later liquidated by Morgan Stanley (and were worth substantially less) rather than when