Court Decisions

The following cases are among those handled by Larry Minsky.

Vaughn v. Hugo Neu Proler

223 Cal. App. 3rd 1612 (1990)

[The Unruh Civil Rights Act is applicable to acts of retaliation.]

Virginia G. v. ABC Unified School District

15 Cal. App. 4th 1848 (1993)

[Public entities can be held liable for damages flowing from their negligent hiring of an employee who harmed a student.]

McDonough v. Lever Bros.

1994 U.S. App. Lexis 6674 (2/3/94)

[A private sector pensioner whose disability retirement plan benefits are arbitrarily denied under ERISA is entitled to a court order awarding benefits due her.]

Echazabal v. Chevron U.S.A., Inc.

221 F.3rd 1347 (9th Cir. 2000); reversed 536 U.S. 73 (2003); following remand 336 F. 3rd 1023

[The standard for establishing whether an employee's medical impairment constitutes a "direct threat" under the Americans with Disabilities Act can be established if the employer shows that the medical impairment constitutes a threat to others or the employee him- or herself. However, in this case, the employer did not satisfy the applicable legal burden for establishing that Mr. Echazabal's medical impairment constituted a direct threat.]

Christensen v. City of Los Angeles

2002 WL 1154578 (2002)

[The employee always bears the burden of establishing that he/she can perform the essential functions of the position in question.]

Alvarez-Gasparin v. County of San Bernardino

106 Cal. App. 4th 183 (2003)

[A public sector employee whose application for a disability retirement under the County Employees' Retirement Act of 1937 is denied by the applicable Retirement Association is entitled to reinstatement and a make whole remedy but if the employer did not separate the employee, no back pay/make whole remedy is appropriate.]

Chaichi v Superior Court (Los Angeles Unified School District, Real Party in Interest)

2005 WL 2284204 (2005)

[A defendant is not entitled to a defense medical examination if the plaintiff stipulates that his/her damages are limited to a "garden variety type" and the plaintiff agrees to not call any medical experts at trial to establish his/her emotional distress damages.]