California Employment Law Update

Tag Archives: jurisdiction

Federal Court Has No Jurisdiction Over Title VII/ADEA Claims For Conduct That Occurred In The Netherlands

Ranza v. Nike, Inc., 2015 WL 4282986 (9th Cir. 2015) Loredana Ranza sued her former employer, Nike European Operations Netherlands, B.V. (“NEON”), and NEON’s parent company, Nike, Inc., which is headquartered in Oregon, in federal court in Oregon. All of the alleged discriminatory conduct (involving sex and age discrimination) occurred in the Netherlands. The district … Continue Reading

$60,000 Sexual Harassment Verdict Is Affirmed

Kim v. Konad USA Distribution, Inc., 226 Cal. App. 4th 1336 (2014) Following a bench trial, Esther Kim was awarded $60,000 against her former employer (Konad) and her former boss (Dong Whang) for sexual harassment and wrongful termination. Curiously, defendants did not challenge the pleadings or file any pretrial motion to dispose of any part … Continue Reading

Ninth Circuit Clarifies CAFA Removal Requirements

In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court. In Rea, the plaintiffs filed a class action alleging that Michaels improperly classified California store managers as exempt from overtime. Michaels removed … Continue Reading

Court of Appeal Holds that State Courts Have Concurrent Jurisdiction over FCA Retaliation Claims

On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer). The following addresses the basis for that ruling and its implications. Background Radiologist Scott Driscoll worked for physician Todd Spencer and … Continue Reading

Employee Is Entitled To Recover Attorney’s Fees In Breach Of Contract Action Filed By His Former Employer

Profit Concepts Mgmt., Inc. v. Griffith, 162 Cal. App. 4th 950 (2008) Profit Concepts sued Greg Griffith, a former employee, for breach of contract and misappropriation of trade secrets in Orange County Superior Court. Griffith, who was an Oklahoma resident at the time, moved to quash service for lack of personal jurisdiction. (The contract contained … Continue Reading

No Private Right Of Action Under Federal Whistleblower Protection Program

Williams v. United Airlines, Inc., 500 F.3d 1019 (9th Cir. 2007) Anthony L. Williams, a maintenance worker, sued United Airlines and his former supervisor, alleging retaliatory discrimination under the Federal Airline Deregulation Act’s Whistleblower Protection Program (WPP) and related state law claims. Williams claimed that he was terminated in retaliation for a dispute related to an … Continue Reading

Employee Failed To State RICO Claim Based On Alleged Mail Fraud

Miller v. Yokohama Tire Corp., 358 F.3d 616 (9th Cir. 2004) Christopher Miller, who worked for Yokohama Tire Corporation for 11 years before his termination, alleged that he was denied overtime pay as a result of a “fraudulent scheme” on the part of his employer. Miller further alleged that Yokohama mailed him and other improperly … Continue Reading

Court Should Not Have Enforced Settlement In Case That Had Been Dismissed

Hagan Eng’g, Inc. v. Mills, 115 Cal. App. 4th 1004 (2003) Hagan Engineering, Inc., sued several of its former employees in state court, including Daniel G. Mills (collectively, “Mills”), for misappropriation of its trade secrets and related claims; Mills sued Hagan in federal court, alleging violations of ERISA. Eventually, the parties entered into a global … Continue Reading

Employer Improperly Removed Discrimination Action To Federal Court

Oregon Bureau of Labor and Indus. v. U.S. West Communications, Inc., 288 F.3d 414 (9th Cir. 2002) Darryl Richardson filed a discrimination complaint against his employer with the Oregon Bureau of Labor and Industries (BOLI) — a state administrative agency. In response, U.S. West removed the action to federal court, asserting the court had subject … Continue Reading
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