Plaintiff filed suit against his employer, alleging a claim under the anti-retaliation provision of the Sarbanes-Oxley Act. The district court concluded that the employer's decision to fire plaintiff was not prohibited retaliation and that plaintiff did not have an objectively reasonable belief that a violation of reporting requirements had occurred. The Fifth Circuit affirmed the district court's grant of summary judgment for the employer, holding that the district court did not abuse its discretion in finding that paragraph 22 of the declaration of plaintiff's witness was impermissible expert testimony. Therefore, there was no genuine issue of material act as to whether plaintiff's purported belief that his employer was misreporting its revenue was objectively reasonable in light of the undisputed facts. View "Wallace v. Andeavor Corp." on Justia Law

In this declaratory relief action, the trial court ruled the Orange County Department of Education (Employer) had to pay approximately $3.3 million in additional contributions to fund pension benefits promised to its employees. Employer argued the Court of Appeal should independently review the legal issues raised in its complaint because the judgment arose from an order granting a motion for judgment on the pleadings. Applying this standard, the Court nevertheless reached the same conclusion as the trial court: the requested payment from Employer, which related to an unfunded liability of its employees’ pension benefits, was permissible and did not violate the California constitution. View "Mijares v. Orange Co. Employees Retirement System" on Justia Law

Plaintiff Jorge Fierro filed suit on behalf of himself and others like him against defendant Landry's Restaurants, Inc., seeking remedies for what Fierro alleged to be Landry's Restaurants's violations of specified California labor laws and wage orders. Landry's Restaurants demurred to the complaint on the basis that each of the causes of action was barred by the applicable statute of limitations. As to Fierro's individual claims, the trial court overruled the demurrer, concluding that the statute of limitations defense did not appear affirmatively on the face of the complaint. As to the class claims, the trial court sustained the demurrer without leave to amend on the basis that a prior class action with identical class claims against Landry's Restaurants had been dismissed for failure to bring the case to trial in five years as required by Code of Civil Procedure sections 583.310 and 583.360. Under the "death knell" doctrine, Fierro appealed that portion of the order sustaining without leave to amend the demurrer to the class claims. Previously, the Court of Appeal issued an opinion reversing the order on the basis that the applicable statutes of limitations on the class claims had been tolled. However, the California Supreme Court granted review and transferred the matter to the Court of Appeal with directions to vacate the opinion and to reconsider the cause in light of the United States Supreme Court's opinion in China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018) an opinion issued following the filing of the appellate court's opinion but before issuance of the remittitur. After vacating its decision, the Court of Appeal requested and received supplemental briefing from the parties as to the potential application of China Agritech to the issues presented in this appeal. In determining whether the statutes of limitations barred Fierro's class claims, the Court of Appeal concluded there was no basis on which to apply equitable (or any other form of) tolling. Although that determination will result in at least some of the class's claims being time-barred, on the record, the Court could not say that all of the class's claims were untimely. Thus, the Court reversed the order sustaining Fierro's demurrer without leave to amend and remanded for further proceedings in which the trial court could decide, on a more developed record, issues related to class certification and/or timeliness of class claims. View "Fierro v. Landry's Restaurant, Inc." on Justia Law

The panel opinion, special concurrence, and dissent previously issued in this case were withdrawn, and the following opinions were substituted in their place. Plaintiff filed suit against his employer, BNSF, for disability discrimination and retaliation after he was diagnosed with Parkinson's disease and later placed on medical leave. The Fifth Circuit reversed the district court's grant of summary judgment to BNSF on plaintiff's disability discrimination claim because there was a fact issue as to whether BNSF discriminated against plaintiff. However, the court affirmed the district court's judgment on the retaliation claim and held that plaintiff failed to establish a prima facie case of an unlawful retaliation. View "Nall v. BNSF Railway Co." on Justia Law

Hinkle Metals & Supply Company, Inc. ("Hinkle") was in the business of selling heating, ventilation, and air-conditioning supplies and equipment. Gabriel Butterfield was employed as a branch manager at Hinkle's Pelham office. In 2015, a GMC Sierra pickup truck owned and driven by Butterfield struck Diane Feltman as she was attempting to walk cross 20th Street in downtown Birmingham. As a result of that accident, Feltman sustained multiple injuries. Feltman sued Butterfield and Hinkle, alleging that Butterfield, while acting within the line and scope of his employment with Hinkle, had been negligent and wanton in causing the accident and that Hinkle was vicariously liable based on a theory of respondeat superior. Hinkle moved for summary judgment on all claims against it, arguing it was not vicariously liable for Butterfield's alleged actions because, it said, Butterfield was not acting within the line and scope of his employment with Hinkle at the time of the accident. The motion was denied, trial proceeded, and judgment was entered against Hinkle on vicarious liability. Hinkle's motion for judgment as a matter of law was denied, and a verdict was returned for $375,000 in favor of Butterfield. Finding that the trial court did not err in denying Hinkle's motion for judgment as a matter of law, the Alabama Supreme Court affirmed judgment in Butterfield's favor. View "Hinkle Metals & Supply Company, Inc. v. Feltman" on Justia Law

The Fifth Circuit denied a petition for rehearing and petition for rehearing en banc. The court substituted this opinion in place of its prior opinion. The court affirmed the district court's judgment as to plaintiff's hostile work environment claim and held that plaintiff sufficiently alleged sustained harassment that undermined his ability to work. In this case, he was repeatedly subjected to behavior that was hostile, intimidating, and bullying, and it was done publicly over a period of more than three years. Furthermore, defendant was deliberately indifferent to this racially hostile work environment. The court also affirmed as to the 42 U.S.C. 1981 claim and held that defendant retaliated after plaintiff complained about discrimination by transferring him to the night shift in a different division. Therefore, plaintiff's allegations supporting unlawful retaliation establish a violation of his constitutional rights, one that a reasonable official would know was unlawful. However, the court held that defendant was entitled to qualified immunity on the First Amendment retaliation claim where it was not clearly established that an internal complaint of discrimination made only to supervisors, primarily to vindicate one's own rights, qualified as speech made as a "citizen" rather than as an "employee." View "Johnson v. Halstead" on Justia Law

Former employees of Dark Horse filed suit alleging wage and hour claims on behalf of themselves and other similarly situated employees. The Court of Appeal reversed the trial court's denial of plaintiffs' motion for class certification. The court held that, in denying the motion for class certification, the trial court used improper criteria or erroneous legal assumptions, which affected its analysis of whether plaintiffs' claims and one of defendant’s defenses presented predominantly common issues, suitable for determination on a class basis. Accordingly, the court remanded to the trial court to reconsider and redetermine the motion for class certification. View "Jimenez-Sanchez v. Dark Horse Express, Inc." on Justia Law

When McKinney was granted tenure in 1974, his employment was governed by University Policies that provide that tenured faculty can be terminated only “for cause” and provide yearly salary raises for faculty who perform satisfactorily or meritoriously. Any salary increase for “maintenance” or merit becomes part of the base contract salary. No explicit provisions govern salary decreases; the Policy provides procedures to address complaints about salary decisions and requires that a faculty member “judged unsatisfactory” be informed of specific reasons related to teaching ability, achievements in research and scholarship, and service. In McKinney’s 2010 and 2011 reviews, Dean Keeler expressed concern about declining enrollment in McKinney’s classes, poor student evaluations, and a stagnant research agenda, but granted standard 2.0% and 1.5% maintenance increases. In 2012, McKinney ranked last among the Grad School faculty and was rated “less than satisfactory.” McKinney’s salary was increased by 0.5%. He was told that if his performance did not improve, he could receive a salary reduction. McKinney again ranked last in the 2013 review. Dean Keeler reduced his salary by 20%. McKinney sued, alleging that the University unconstitutionally deprived him of his property interest in his base salary. Reversing the district court, the Third Circuit concluded that he had no such property interest. The Policy language is not sufficient to give McKinney a “legitimate expectation” in the continuance of his base salary. The appeal provisions and the three-tiered rating structure indicate that salaries are subject to “possible annual adjustments,” and that McKinney had no more than a “unilateral expectation of receiving [his] full salary,” View "McKinney v. University of Pittsburgh" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the decision of the Virginia Workers’ Compensation Commission not to award Appellant benefits after he was injured while renovating a historic school building, holding that Appellant did not meet his burden of proving his statutory-employer claim for workers’ compensation benefits. Appellant sought benefits against a church and its historical society, alleging that these entities were his statutory employers. The Commission denied benefits, holding that none of the defendants were Appellant’s direct employer and that the church and the historical society were not Appellant’s statutory employers. The court of appeals affirmed. The Supreme Court affirmed, holding that the Commission applied the correct legal standard and acted within its fact-finding discretion in concluding that Appellant had failed to prove that the church or the historical society were his statutory employers. View "Jeffreys v. Uninsured Employer's Fund" on Justia Law

The Supreme Court affirmed the court of appeals’ denial of Appellant’s petition for a writ of mandamus in this workers’ compensation case, holding that the Industrial Commission did not abuse its discretion by concluding that res judicata barred Appellant’s motion to recalculate his average weekly wage (AWW). In challenging the calculation of his AWW, Appellant requested that the Commission forgo the standard statutory formal and to instead calculate his AWW using a method that would do him “substantial justice,” as statutorily permitted in cases of “special circumstances.” The Commission denied the motion, first on the merits and second on grounds of res judicata. The court of appeals denied Appellant’s petition for a writ of mandamus, concluding that Appellant had not established special circumstances. The Supreme Court affirmed the denial of the writ solely on the basis of res judicata, holding that the Commission did not abuse its discretion when it concluded that the issue of special circumstances was previously decided and therefore res judicata. View "State ex rel. Tantarelli v. Decapua Enterprises, Inc." on Justia Law