Cintas Corp., 344 NLRB No. 118 (June 30, 2005)
Cintas Corporation, which, among other things, designs and manufactures corporate uniforms, maintained a provision in its employee handbook stating that it honors the confidentiality of its clients, their business plans, partners, new business efforts, customers, accounting and financial matters. Included among the types of behavior that could result in disciplinary action was “violating a confidence…
Diaz v. Gates, 420 F.3d 897, 2005 WL 1949879 (9th Cir. 2005) (en banc)
David Diaz sued Daryl Gates, Willie Williams, Bernard Parks and many others, alleging violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as a result of damages he allegedly suffered from police misconduct associated with the LAPD Rampart scandal. One of the elements of a RICO claim is that…
Advanced Modular Sputtering, Inc. v. Superior Court, 132 Cal. App. 4th 826 (2005)
Within four years of being laid off from their jobs at Sputtered Films, Sergey Mishin and Rose Stuart-Curran started their own company (Advanced Modular Sputtering), which became a competitor of Sputtered. In its lawsuit against AMS, Sputtered alleged that Mishin and Curran had misappropriated its trade secrets in order to develop…
Green v. State of Cal., 132 Cal. App. 4th 97 (2005)
Dwight Green worked as a stationary engineer at a state correctional facility for over 12 years before he was involuntarily placed on disability retirement. A jury found that in failing to provide Green reasonable accommodation for his Hepatitis C condition, the state discriminated against him on the basis of his disability in violation…
Ross v. Ragingwire Telecommunications, Inc., 132 Cal. App. 4th 590 (2005)
In accordance with the Compassionate Use Act of 1996 (Proposition 215), Gary Ross had a physician’s recommendation to use marijuana for his chronic back pain. Ragingwire offered Ross a job as a lead systems administrator subject to his passing a drug test, which he failed when he tested positive for THC (the active…
Yanowitz v. L’Oréal USA, Inc., 36 Cal. 4th 1028 (2005)
Elysa Yanowitz, a regional sales manager for L’Oréal USA, Inc., alleged that after refusing to carry out an order from a male supervisor to terminate the employment of a female sales associate who was not sufficiently sexually attractive, Yanowitz was subjected to hostile adverse treatment, resulting in her leaving the company. Among other things,…
Miller v. Department of Corrections, 36 Cal. 4th 446 (2005)
Edna Miller and Frances Mackey, two former employees of the Valley State Prison for Women, alleged the warden accorded unwarranted favorable treatment to three female employees with whom he was having sexual affairs and that such conduct constituted sexual harassment (in the form of a hostile environment) against Miller and Mackey in violation of…
Jeld-Wen, Inc. v. Superior Court, 131 Cal. App. 4th 853 (2005)
In this wrongful death action arising from a motor vehicle collision, the decedent’s survivors sued Jeld-Wen and its employee Hector Solis on various negligence theories, including a claim that Jeld-Wen had negligently entrusted the vehicle to Solis. Jeld-Wen moved for summary adjudication of the negligent entrustment claim on the ground that it had…
El-Hakem v. BJY, Inc., 415 F.3d 1068 (9th Cir. 2005)
Mamdouh El-Hakem sued his employer, BJY, Inc., and its CEO for employment discrimination and wrongful termination arising from the CEO’s repeated references to him as “Manny” (over the employee’s objection). The CEO contended that a “Western” name would increase El-Hakem’s chances for success and would be more acceptable to BJY’s clientele. The Ninth…
Leegin Creative Leather Prods., Inc. v. Diaz, 131 Cal. App. 4th 1517 (2005)
Leegin Creative Leather Products, Inc. filed a civil fraud complaint against one of its employees after it learned that the employee had filed a false workers’ compensation claim against the company. Leegin alleged that it had been damaged by the filing of the false claim because its insurance premiums and reserves…
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