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(Cal. App., Administrative Law, Civil Procedure, Government Law, Labor & Employment Law) Where civil service rules vest a civil service commission with jurisdiction over an employee's appeal of her discharge, including an attendant claim for a resulting loss of pay, the employee's retirement during the pendency of civil service proceedings divests the commission of jurisdiction over the civil service appeal.
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Blog About: County of Los Angeles Dep't of Health Serv. v. Civil Serv. Comm'n of the County of Los Angeles
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Porter v. Winter
(U.S. 9th Cir., Attorney's Fees, Civil Procedure, Civil Rights, Labor & Employment Law) In an action challenging the amount of attorney's fees awarded to plaintiff in Title VII administrative proceedings, dismissal of the complaint for lack of subject matter jurisdiction is reversed where, under New York Gaslight Club, Inc. v. Carey, 447 U.S. 54 (1980), federal courts have subject matter jurisdiction over claims brought solely to recover attorney's fees incurred in Title VII administrative proceedings.
Hubbard v. Merit Sys. Prot. Bd.
(U.S. Fed. Cir., Administrative Law, Civil Procedure, Government Benefits, Health Law, Labor & Employment Law) Judgment of the Merit Systems Protection Board dismissing an appeal from the Office of Personnel Management's (OPM) denial of an application for federal employee's disability retirement annuity benefits is affirmed as petitioner's failure even to respond to an administrative judge's order directing her to "file evidence and argument demonstrating that the appeal was timely filed or that good cause exists for the delay" justified the administrative judge's dismissal of the appeal as untimely.
Kraus v. Presidio Trust Facilities Div.
(U.S. 9th Cir., Administrative Law, Civil Procedure, Civil Rights, Government Law, Labor & Employment Law) In a Title VII action for employment discrimination by a federal employee, dismissal of the action is reversed where plaintiff was not required to specifically contact a person with the job title "Counselor" to meet 29 C.F.R. section 1614.105(a)(1)'s requirement that she contact an EEO counselor within 45 days of the alleged discrimination.
Francis v. Giacomelli
(U.S. 4th Cir., Civil Procedure, Civil Rights, Constitutional Law, Contracts, Government Law, Labor & Employment Law) In a case brought by a police commissioner and his deputies following a highly public dispute with the mayor of Baltimore resulting in the termination of their employment, dismissal of the action is affirmed as, based on the facts alleged in the complaint, the complaint fails to articulate any claim for relief that is plausible on its face. Furthermore, the mayor, against whom the allegations of due process violations were directed, is entitled to qualified immunity.
Moses v. Howard Univ. Hosp.
(U.S. D.C. Cir., Bankruptcy Law, Civil Procedure, Civil Rights, Health Law, Labor & Employment Law) In an action against a hospital claiming retaliation in violation of Title VII of the Civil Rights Act, summary judgment for defendant is affirmed where, even after he had filed for bankruptcy, plaintiff continued to hold himself out before the district court as a valid plaintiff, a position "clearly inconsistent" with his pursuit of relief in bankruptcy.
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