Cases: Civil Rights

Fourth District, Division 2 Addresses FEHA Fee Shifting Issues.      An LDS-affiliated plaintiff recovered a jury verdict from an employer based on religious discrimination, but it was unclear that she prevailed under her FEHA claim, although she did recover under Labor Code section 218.5 for unpaid commissions (a claim carrying a statutory fee-shifting clause). Although

Tangible Benefit Was Produced—San Diego Police Department Encouraged to Train Officers to Avoid Excessive Force.      The next decision from the Ninth Circuit Court of Appeals is interesting. Though finding that the district judge got the law right, the majority in the decision still found that there was an abuse of discretion in refusing to

  Conclusion of a Civil Rights Case Ends Well For Plaintiff.      In our October 12, 2008 post, we reported on Deanna Fogarty-Hardwick’s win of substantial damages of almost $5 million against Orange County and other defendants in a civil rights case. She was also awarded attorney’s fees of $1.6 million.      Defendants (primarily Orange

Title VII Claims Do Not Have To Be Asserted in Federal Case Seeking Only Fees.      In Porter v. Winter, Case No. 07-17120 (9th Cir. May 5, 2010) (for publication), the Ninth Circuit determined that federal courts have subject matter jurisdiction over claims brought solely by a prevailing plaintiff to recover attorney’s fees incurred in