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District court dismissed employee's claim for prevailing wages required by HRS §103-55, because no private right of action exists to enforce statute.  District court declined to dismiss claim employee was third party beneficiary of employer's contract with government.  Since allegations of complaint were unclear and no contract was attached, court could not determine whether contract...

District court properly granted summary judgment against Title VII discrimination and retaliation claims.  Former employee did not show she was performing according to employer's legitimate expectations.  She did not show employer's desire to retaliate was the "but-for" cause of her dismissal.  District court properly granted summary judgment against Title VII hostile work environment claim. Former...

District court granted summary judgment against discrimination, retaliation and harassment claims under title VII, section 1985 and HRS § 378-2.  Misconduct by former employee was legitimate nondiscriminatory reason for termination which he did not prove was pretextual.  Employer investigated and took corrective action when former employee complained about inappropriate remarks by coworkers.  District court granted...

U.S. Ninth Circuit Court of Appeals District court abused discretion by concluding former employee's failure to disclose wage and hour lawsuit during bankruptcy judicially estopped her from later filing it.  She was not aware of enough facts to know she had a legal claim until she retained counsel about a month before her bankruptcy case...

U.S. Ninth Circuit Court of Appeals District court properly concluded arbitrator did not manifestly disregard the law by determining Pension Protection Act contributions were part of contributions that must be remitted under the pension plans' reciprocation agreement.  There was no well-defined, explicit and clearly applicable law that barred PPA contributions from being reciprocated.  Trs. of...

U.S. Ninth Circuit Court of Appeals Employee benefit trustees had an ongoing duty to reevaluate investments periodically, regardless of whether there was a significant change in circumstances and take into account their power to obtain favorable investment products, particularly when those products were substantially identical - other than to lower cost - to products they...

U.S. Ninth Circuit Court of Appeals District court did not abuse discretion disregarding part of employee's affidavit that directly contradicted his former deposition testimony no one from the company represented how long owner operator program would last.  Russell v. Pacific Motor Trucking Co., 2016 U.S. App. 21570 (9th Cir. Dec. 2, 2016). District court erred...

Ninth Circuit Court of Appeals District court properly granted summary judgment against long term disability claim.  Employee offered no evidence she timely pursued review of the plan's decision, as required before claimant seeks review by court.  Walters v. Odyssey Healthcare Management Long-Term Disability Plan, 2016 U.S. App. LEXIS 20886 (9th Cir. Nov. 22, 2016). District...