Medix Ambulance Serv., Inc. v. Superior Court, 97 Cal. App. 4th 109 (2002)

Plaintiff alleged a claim for sexual harassment arising under the California Fair Employment and Housing Act (FEHA) as well as a common law cause of action for sexual harassment in violation of public policy. The trial court overruled the employer’s demurrer without holding a hearing. The Court of Appeal held that…

Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002)

The employer in this case, Hoffman Plastic Compounds, Inc., was found to have violated Section 8(a)(3) of the National Labor Relations Act (NLRA) when it selected four known union supporters for layoff. During a compliance hearing before an Administrative Law Judge (ALJ), one of the four employees, Jose Castro, testified that he was born…

Bennett v. Medtronic, Inc., 285 F.3d 801 (9th Cir. 2002)

Medtronic, Inc. sued three of its former California employees and their new employer, NuVasive, in Tennessee following the employees’ resignation from Medtronic and acceptance of employment with NuVasive, one of Medtronic’s competitors in the business of designing and manufacturing spinal surgery devices. Among other things, Medtronic sought to enforce a non-competition agreement the employees…