A bank employee's disability discrimination claims against his employer under California's state employment law are preempted by the National Bank Act only to the extent that the state law's disability discrimination provisions exceed the requirements of the American with Disabilities Act, the California has ruled. A bank vice president filed suit against his former employer, alleging violations of California's state employment law. He claimed that he was denied an accommodation, harassed and terminated because he suffered from diabetes.
A father may have good reasons to keep his children from seeing their grandmother. But a California court decided yesterday that one dad couldn't wield the constitutional rights of a fit parent in a petty effort to settle a personal score. Troxel commands the courts to presume that the surviving parent's objection to grandparent visitation is in the best interest of the children," said the California in Hoag v. Diedjomahor. "However, this does not mean that the surviving parent is free to use the denial of visitation as Big Bertha in his or her personal war with the grandparent.
Police did not violate the Fourth Amendment when they tested a key recovered from a car in the front door lock of a shooting suspect's residence, the California has ruled in affirming a conviction. A police officer responding to a burglary call attempted to intercept a Volkswagen driving away from the scene. The officer pursued the Volkswagen when the passenger shot at her with a rifle. The Volkswagen stopped in front of a lot with two residences - one of which was allegedly the defendant's - and the car's occupants fled.
A home lender can be sued for fraud based on its alleged failure to clearly disclose the negative consequences when only the scheduled monthly payments are made on an adjustable rate mortgage loan, the has ruled in reversing a dismissal. The plaintiff obtained an option adjustable rate mortgage (ARM) loan from the defendant. He sued for fraud under state law, alleging that loan documents failed to adequately disclose that "negative amortization" occurred when he only made his monthly payments in accordance with the schedule provided by the defendant.
An employment discrimination plaintiff can introduce evidence of harassment directed at other employees even though the activity happened outside the plaintiff's presence and not while the plaintiff was employed at the company, the has ruled in reversing a jury verdict for the employer. The plaintiff, a Latino American, worked at a law firm where she alleged the owner called her a "bitch" and other profanities on a regular basis, touched and slapped her buttocks, touched her leg while offering her $200, asked for a shoulder massage and referred to his employees as "my Mexicans." She was ultimately fired after the attorney called her a "stupid bitch.
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