Topic
Every decision we've filed under Labor.
The United States Court of Appeals for the Ninth Circuit affirmed a district court order denying summary judgment to union members expelled for refusing to pay supplemental dues. The panel held that the union acted within its constitutional authority and that the members failed to prove retaliation or breach of fiduciary duty.
The Seventh Circuit affirmed a district court ruling that an employee vacation buy program did not constitute an assignment of wages under Indiana law. The court also held that an employer was not required to pay out unused vacation hours carried over from a prior year when the employer had not promised to do so.
The Ninth Circuit affirmed a district court order dismissing a pro se appeal regarding workers' compensation benefits. The panel concluded the case was suitable for decision without oral argument.
The Ninth Circuit affirmed that the government's position was not substantially justified under the Equal Access to Justice Act. The court reversed the district court's fee reduction and remanded for a higher award based on the plaintiffs' significant success.
The United States Court of Appeals for the Tenth Circuit reversed a district court dismissal, holding that federal courts may review presidential actions under the Antiquities Act when plaintiffs allege the President exceeded statutory limits. The court remanded the case for further proceedings to determine if the President's designation of national monuments and land reservations exceeded his delegated authority.
The Fourth Circuit affirmed a district court dismissal for lack of subject matter jurisdiction. The court held that federal courts cannot exercise ancillary jurisdiction to enforce a prior judgment against a party who was not originally found liable for the underlying violations.
The United States Court of Appeals for the Federal Circuit affirmed a Merit Systems Protection Board decision upholding a six-day furlough of a Department of Defense civilian employee. The court held that the furlough was a reasonable management solution to fiscal constraints imposed by sequestration and promoted the efficiency of the service.
The United States Court of Appeals for the Federal Circuit affirmed a Merit Systems Protection Board order denying a federal employee's whistleblower retaliation claims. The court found the administrative judge's credibility determinations regarding the petitioner's disclosures were virtually unreviewable and supported by substantial evidence.
The United States Court of Appeals for the Fourth Circuit denied a petition for review regarding black lung benefits. The court held that the petitioner waived all arguments by failing to raise them at the appropriate time during the administrative process.
The United States Court of Appeals for the Federal Circuit denied a petition challenging Department of Veterans Affairs regulations governing the Program of Comprehensive Assistance for Family Caregivers. The court held that the petitioners had standing but found their challenges to the new eligibility rules and reassessment procedures failed on the merits.