Bankruptcy Lawyer, Albany Attorney - Randall E. Kehoe, Esq.

Ekstrand v. Sch. Dist. of Somerset
6 October 2009, 5:00 pm

(U.S. 7th Cir., Civil Rights, Education Law, Government Law, Health Law, Labor & Employment Law) In plaintiff's lawsuit against her former employer claiming that school district failed to accommodate her seasonal effective disorder and constructively discharged her in violation of the ADA, judgment of the district court is reversed in part and affirmed in part where: 1) district court's grant of summary judgment on the failure-to-accommodate claim is reversed as plaintiff satisfied all three elements required for the claim; and 2) summary judgment on the constructive-discharge claim was proper as plaintiff failed to show that the conditions of her employment even approached the intolerable levels normally required in constructive-discharge cases.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Catholic Healthcare W. v. California Ins. Guarantee Ass'n
5 October 2009, 1:00 pm

(Cal. App., Contracts, Corporation & Enterprise Law, Health Law, Insurance Law, Labor & Employment Law) Trial court's grant of summary judgment in favor of the defendant-insurance company is reversed and remanded where: 1) any claims presented by the plaintiff-corporation that employed the nurse were covered claims despite the fact that the corporation changed its name to a name not listed in the insurance policy; and 2) the phrase, "original claimant under the insurance policy in his or her name" includes the affiliated corporation into which the employer corporation was merged because the merger was an internal restructuring of a family of corporations, and did not expand or otherwise change the ownership or control of the operations, and because the surviving corporation continued the employer corporations' corporate activities as well as its hospital operations.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

McBride v. BIC Consumer Prods. Mfg. Co.
5 October 2009, 7:00 pm

(U.S. 2d Cir., Civil Rights, Health Law, Labor & Employment Law) In an action alleging that defendant-employer violated the Americans with Disabilities Act by terminating plaintiff's employment rather than reasonably accommodating her disability, summary judgment for defendant is affirmed where: 1) plaintiff failed to provide evidence that, with aid of a reasonable accommodation, she was qualified for either her pre-disability position or a suitable vacant position to which she could have been reassigned; and 2) in the absence of such evidence, an employer's failure to engage in an interactive process intended to discover an accommodation suitable to both parties is immaterial.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Rabbers v. Comm'r Soc. Sec. Admin.
5 October 2009, 7:00 pm

(U.S. 6th Cir., Administrative Law, Evidence, Government Benefits, Health Law, Labor & Employment Law) District court's denial of claimant's application for disability insurance benefits is affirmed where, although the ALJ clearly did not make the required findings regarding the severity of claimant's mental impairment, the error was harmless because it did not deprive the claimant of a substantial right nor did it prejudice him on the merits as the administrative record indicated that his bipolar disorder was not severe enough to render him disabled.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Buesa v. City of Los Angeles
2 October 2009, 10:00 pm

(Cal. App., Administrative Law, Government Law, Labor & Employment Law) In plaintiff-police officers' lawsuit against the city of Los Angeles under the Public Safety Officers Procedural Bill of Rights Act (POBRA), trial court's judgment on the pleadings in favor of the defendant is affirmed as the plaintiffs' action under POBRA is barred because it constitutes an impermissible collateral attack on the mandate judgment.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Balen v. Holland Am. Line Inc.
2 October 2009, 10:00 pm

(U.S. 9th Cir., Admiralty, Dispute Resolution & Arbitration, International Law, Labor & Employment Law) In an action for unpaid wages under the Seamen's Wage Act, the district court's order granting defendant's motion to compel arbitration is affirmed where claims under the Act are subject to arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and plaintiff's claim was subject to a valid arbitration agreement.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Pedroza v. Benefits Rev. Bd.
1 October 2009, 5:00 pm

(U.S. 9th Cir., Administrative Law, Admiralty, Government Benefits, Health Law, Labor & Employment Law, Workers' Compensation) In a petition for review of the Benefits Review Board's determination that petitioner was not entitled to disability benefits under the Longshore and Harbor Worker's Compensation Act, the petition is denied where psychological injuries that result from legitimate personnel actions are not compensable under the Act.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Remexcel Managerial Consultants, Inc. v. Arlequin
1 October 2009, 5:00 pm

(U.S. 1st Cir., Civil Procedure, Civil Rights, Constitutional Law, Government Law, Labor & Employment Law) In a political discrimination case against a municipality in Puerto Rico, default judgment against defendants is affirmed where the district court did not abuse its discretion in entering the default judgment for repeated discovery violations, and the law of the case doctrine bars defendants' attempt to re-argue the adequacy of plaintiffs' complaint.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Ladouceur v. Credit Lyonnais
30 September 2009, 10:00 pm

(U.S. 2d Cir., ERISA, Labor & Employment Law) In an ERISA action alleging a breach of fiduciary duty based on changes to an employee benefit plan, summary judgment for defendants is affirmed where oral promises cannot vary the terms of a written ERISA plan.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.

Governing Bd. of Ripon Unified Sch. Dist. v. Comm'n on Prof'l Conduct
29 September 2009, 3:00 pm

(Cal. App., Administrative Law, Education Law, Government Law, Labor & Employment Law) Trial court's grant of School District's petition for writ of mandate to proceed with termination of a High School music teacher's refusal to obtain certification to teach English learners is affirmed as the District had the authority under Education Code section 35160 to require teachers to obtain the certification in order to comply with the mandates imposed on it by the Legislation.  Therefore, defendant's specific arguments are rejected.





Source: FindLaw Opinion Summaries - Labor Law

If you have a question concerning any legal matter, please give us a call at (518) 465-2211 or visit our main site at www.randallkehoelaw.com.