McDonnell Douglas Corp. v. Green

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Aguilar v. Atlantic Richfield Co.

Concluding that the gathering and dissemination of pricing information by the petroleum companies through an independent industry service did not imply collusive action where there was no evidence the information was misused as a basis for an unlawful conspiracy; rather, evidence suggested that individual companies used all available resources “to determine capacity, supply, and pricing decisions which would maximize their own individual profits”

Guz v. Bechtel National, Inc.

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Yanowitz v. L'Oreal USA Inc.

Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."

Reid v. Google, Inc.

Holding that a high degree of foreseeability is required to impose a duty to hire security guards and that “the requisite degree of foreseeability rarely, if ever, can be proven in the absence of prior similar incidents of violent crime on the landowner's premises”

Bachelder v. America West Airlines

Holding that § 825.220(c)"is a reasonable interpretation of the statute's prohibition on ‘interference with’ and ‘restraint of’ employee's rights under the FMLA" and that "[t]he Labor Department's conclusion that employer use of ‘the taking of FMLA leave as a negative factor in employment actions' ... violates ... the Act is ... a reasonable one"

Serri v. Santa Clara University

Affirming summary adjudication of harassment claims due to lack of "hostile or derogatory statements"

King v. United Parcel Services, Inc.

Holding employer had no duty to accommodate employee who returned to work with a doctor's note releasing him back to "regular duties and hours" and who admitted he was able to "get the job done"

Trujillo v. North County Transit Dist.

Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"

Teselle v. McLoughlin

Stating that a right to an accounting can exist solely from possession by the defendant of money which, because of the parties' relationship, the defendant is obliged to surrender

Rule 3.1354 - Written objections to evidence