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NINTH CIRCUIT COURT OF APPEALS District court improperly granted summary judgment against Title VII claims based on judicial estoppel, because employee listed claims on her amended bankruptcy petition.  Henderson v. Bonaventura, 2016 U.S. App. LEXIS 8838 (9th Cir. May 13, 2016). District court properly granted summary judgment against claim employer violated collective bargaining agreement, because...

District court correctly vacated grievance committee award requiring employee to arbitrate statutory wage claims under collective bargaining agreement.  Committee recognized and ignored applicable law requiring agreement to contain clear and unmistakable agreement to arbitrate statutory wage claims.  Requirement applied to labor as well as discrimination claims, because agreement to arbitrate is a waiver of the...

District court did not err by granting summary judgment against disability discrimination claim under California law.  Employer's policy of providing job protection and full pay up to 26 weeks after which disabled employee could apply for benefit for another 26 weeks was a neutral non-discriminatory policy, particularly because employee had taken earlier six month leave...

District court erred by denying claim for pension benefits, because the plan and successor employer had burden to show whether former employee worked enough hours for predecessor's employer affiliates that participated in the plan to qualify for benefits, once former employee showed he worked some hours for affiliates who may have participated.  Barton v. ADT...

District court did not err by ruling short term disability insurer abused its discretion by denying employee's benefit claim as untimely.  Summary plan description ("SPD") did not adequately inform employee he was required to submit his claim within 60 days after his injury as opposed to 60 days after he ceased participating in the company's...