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9th Circ. Sends Salary Basis Case Back to Lower Court (Law360) "San Francisco city nurses claiming they were not paid a true salary and are therefore entitled to overtime pay will have their day in court after the Ninth Circuit reversed a lower court's summary judgment and remanded the case for further proceedings."
Medline Can't Force Arbitration in Transportation Wage Suit (Law360) "Medical supply giant Medline can't compel a warehouse employee to arbitrate her wage-and-hour claims, the Ninth Circuit ruled, upholding a lower court's decision that she's exempted under the interstate-commerce exemption of the Federal Arbitration Act because she loads goods that cross state lines." See also: Medline Warehouse Worker Keeps Arbitration Exemption on Appeal (Bloomberg Law).
Sodexo Smoker Fee Arbitration Arguments Veer Deep into the Weeds (Bloomberg Law) "Judge Michelle T. Friedland focused on language in certain Sodexo plan documents telling workers that their continued participation in the plan qualified as consent to the plan’s terms now or in the future. She wanted details on how this information was communicated to the plaintiff, a Sodexo employee who challenged the company’s practice of charging higher premiums to workers who smoke."
Ninth Circuit Leaning Toward Reinstating Muslim Questioning Case (Law360) "A lawsuit from Muslim Americans alleging US border patrol officers illegally questioned them about their religious beliefs during screenings was bogged down by procedural complexities at a federal appeals court hearing Thursday. But the three-judge panel for the US Court of Appeals appeared open to reinstating the lawsuit, which was brought by three Muslim Americans who say they were stopped and questioned 10 times over five years by US Customs and Border Protection agents."
9th Circuit Told Federal Judge Carter Made Series of Errors (Daily Journal) "Seeking to overturn a wrongful termination verdict before a 9th U.S. Circuit Court of Appeals panel, an attorney for a San Diego biopharmaceuticals company took aim at decisions by U.S. District Judge David O. Carter of Santa Ana, arguing Thursday he made a series of errors that require a new trial."
Avenatti Argues for Reduction of 14-Year Sentence at 9th Circuit (Bloomberg Law) "The federal public defender representing the attorney, who rode to fame representing porn star Stormy Daniels and his antagonisms with Donald Trump, told the US Court of Appeals for the Ninth Circuit that the lower court made no express finding that Avenatti had obstructed the government’s probe of his conduct."
Judge M. Margaret McKeown to Receive the 2024 American Inns of Court Lewis F. Powell Jr. Award (OCE News Release) "Senior Circuit Judge M. Margaret McKeown of the U.S. Court of Appeals for the 9th Circuit will receive the prestigious 2024 American Inns of Court Lewis F. Powell Jr. Award for Professionalism and Ethics. The award will be presented on October 26 at the 2024 American Inns of Court Celebration of Excellence at the U.S. Supreme Court. The award recognizes attorneys, judges, government officials, journalists or others who have rendered exemplary service in the areas of professionalism, ethics, civility and excellence."
Ex-Alaska Judge’s Potential Impeachment Moves to House (Bloomberg Law) "The federal judiciary has sent the House a letter regarding a potential impeachment inquiry into former District Judge Joshua Kindred of Alaska, who resigned after being found to have committed sexual misconduct and lied to judicial investigators."
Federal Judge Dismisses COVID-Era Case Against California Restrictions (Daily Journal) "‘As explained in this order, plaintiffs have expressly abandoned their original theory of defendants' liability,’ U.S. Eastern District of California Presiding Judge Kimberly J. Mueller wrote in her order issued Wednesday. ‘Permitting them to advance a new legal theory and new arguments at this late stage of the case would cause undue delay and prejudice the defense.’"
Southwest Leave Penalty Suit Cleared for Class Treatment (Law360) "U.S. District Judge Jacqueline Scott Corley [N.D. - CA] certified two nationwide classes stretching back to March 2019 that comprise flight attendants who took Family and Medical Leave Act time and lost the chance to have the disciplinary ‘points’ Southwest gave them reduced."
Google Hit With 'Gemini' TM Suit Over AI Program Name (Law360) "Google LLC is facing a trademark infringement suit in California federal court by a small business that claims the tech giant made ‘the calculated decision to bulldoze over’ its intellectual property rights by rebranding Google's large language model artificial intelligence program to Gemini."
Biden Sets Record on Appointing Native American Judges (Law360) "There is currently one pending Native American nominee, Danna Jackson, a tribal attorney for the Confederated Salish and Kootenai Tribes for the District of Montana. She is facing opposition from one of her home state senators, who has yet to return a blue slip on her nomination. For district judges, the ‘blue slip’ process, which is a de-facto veto for home state senators, encourages cooperation between the White House and senators."
Choosing the Best Life Insurance Coverage for Federal Employees (My Federal Retirement) "This is the first of five columns helping federal employees understand their choices when it comes to life insurance. This column explains life insurance and which individuals should seek life insurance coverage."
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