Bauman v. Daimler Chrysler Corp., 644 F.3d 909 (2011) In this case, 22 Argentinian residents (including a Chilean national) sued DaimlerChrysler Aktiengesellschaft (“DCAG”) in federal court in California, alleging that one of DCAG’s subsidiaries, Mercedes-Benz Argentina (“MBA”), collaborated with state security forces to kidnap, detain, torture and kill plaintiffs and their relatives during Argentina’s “Dirty … Continue Reading
U.S. v. Nosal, 642 F.3d 781 (2011) In this criminal proceeding brought under the Computer Fraud and Abuse Act (“CFAA”), the United States government filed a 20-count indictment against David Nosal (a former employee of Korn/Ferry International) and his accomplices (also from Korn/Ferry) as a result of their obtaining information from their employer’s computer system … Continue Reading
Zeinali v. Raytheon Co., 636 F.3d 544 (9th Cir. 2011) Hossein Zeinali, who is of Iranian descent, sued Raytheon for race and national origin discrimination under the Fair Employment and Housing Act when it terminated his employment after he was denied a security clearance by the Department of Defense. The district court granted summary judgment … Continue Reading
Sanders v. City of Newport, 657 F.3d 772 (2011) Diane Sanders, a utility billing clerk for the City of Newport, Oregon, began suffering health problems, which (according to her doctor) were due to “multiple chemical sensitivity” triggered by handling low-grade paper at work and poor air quality in her work area. Sanders took an FMLA … Continue Reading
DFEH v. Lucent Technologies, Inc., 642 F.3d 728 (2011) The California Department of Fair Employment and Housing and Steven Carauddo alleged Lucent violated the Fair Employment and Housing Act when it terminated Carauddo’s employment as an installer because he could not lift more than 30 pounds due to a back injury. The district court granted … Continue Reading
Christopher v. SmithKline Beecham Corp., 635 F.3d 383 (2011) Michael Christopher and Frank Buchanan were employed as pharmaceutical sales representatives (“PSRs”) of SmithKline d/b/a GlaxoSmithKline (“Glaxo”) and were classified as outside salesmen exempt from the Fair Labor Standards Act. PSRs work outside of a Glaxo office and spend much of their time traveling to the … Continue Reading
Lopez v. Pacific Maritime Ass’n, 636 F.3d 1197 (2011) When Santiago Lopez first applied to be a longshoreman in 1997, his application was rejected because he tested positive for marijuana. The PMA, which represents the shipping lines, stevedore companies and terminal operators that run the ports along the west coast, follows a “one-strike rule,” which … Continue Reading
Dawson v. Entek Int’l, 630 F.3d 928 (9th Cir. 2011) Shane Dawson, a former temporary production line worker for Entek, ran a production line that rolled up battery separators. Dawson, who is gay, worked with 24 other male employees. Dawson’s employment was terminated two days after he had complained to human resources that he was … Continue Reading
On November 3, 2010, the Ninth Circuit Court of Appeals refused to hear an appeal brought by a Harrah’s Las Vegas casino dealer challenging the District Court’s ruling that her proposed state wage-and-hour class action was preempted by the Fair Labor Standards Act (FLSA). In so doing, the Ninth Circuit chose not to revisit the … Continue Reading
Roe v. City of San Diego, 356 F.3d 1108 (9th Cir. 2004) While working as a San Diego police officer, John Roe videotaped himself stripping off a generic police officer’s uniform and engaging in acts of masturbation. Roe sold the videos on the adults-only section of eBay – under the username “Code3stud@aol.com.” After one of … Continue Reading
