Blog – Law Offices of Linda S. Klibanow, a PLC Mediator, Arbitrator, Attorney

Myriad of mandatory pre-dispute employment arbitration happenings across the nation… Here in California the state courts continue to hue to the provisions of the seminal Iskanian decision, holding that a PAGA claim may not be compelled to arbitration absent the express consent...

Doomsday Report for March 28, 2019: SCOTUS hearing in Kisor: Conservative Courts Poised to Occupy the Regulatory Field.

28 Mar 2019

Linda Klibanow

Uncategorized

On March 27, 2019 SCOTUS held oral argument in the case of Kisor v. Wilke, involving a benefits determination by the Department of Veterans Affairs, and the justices’ primary debate concerned the so-called doctrine of Auer deference, while is related to the...

Doomsday Report: More Bad News & Bad Actors

28 Mar 2019

Linda Klibanow

Uncategorized

Doomsday Report: More Bad News & Bad Actors Still feels awkward to post a blog, kind of like a descriptive doomsday clock watch. Against a backdrop of the outrageous DeVos Education Dept. budget and reports that Trump’s post-Zinke Interior Dept. nominee David...

“Pall” Over Current Events; Trumpian FLRA & NLRB Developments; Sanders Campaign Recognizes Staff Union In Historic First; GM/UAW Plant Closure Litigation; Green Jobs Challenge

26 Mar 2019

Linda Klibanow

Uncategorized

General “Pall” Over Current Events… Orwellian world and local events have rendered me “silent” for some time (since prior to the New Year), what with children separated from their parents at the border, government shutdown 12/22/18-1/25/19, Mattis’s resignation, Mnuchin’s decision to lift...

FIVE-ALARM FIRE AND BLACK ARMBANDS FOR SCOTUS

28 Jun 2018

Linda Klibanow

constitution, due process, feminism, Gorsuch, labor, SCOTUS

Well, based on three more 5-4 decisions issued this week and Justice Kennedy’s retirement announcement, the courthouse is burning out of control and all attorneys, and citizens, should start wearing black armbands to mourn the demise of the third branch of U.S....

INEQUALITY & UNFREEDOM/Gorsuch’s Epic Systems and the Trump Epoch: Denial of Socio-Economic Reality and History & Refusal to Recognize the “Concerted Action” “Elephant in the Room”

12 Jun 2018

Linda Klibanow

administrative agency, arbitration, class action waiver, corporate personhood, employee rights, Gorsuch, labor

SCOTUS Ignoring Reality in Lochnerian Revival Even Gorsuch’s[1] “statement of the issue” is fictive, having installed as false premise that the basic controversy concerns enforceability of employee “agreements” with their employer. As a matter of socioeconomic reality and historical fact, no employees...

Church Abuse of “Ministerial Exception”: “Good For The Goose”

04 May 2018

Linda Klibanow

cases, discrimination, due process, employee rights, employment disputes, feminism, SCOTUS

A. Introduction Recently I have “vented” with other attorneys who have shared the experience of representing former parochial school teachers and administrators within the Catholic Church. We have all heard intoned on behalf of “the Arch,” i.e., the respective Archdiocese, “Hosanna-Tabor,” “Hosanna-Tabor.” ...

REINHARDT WRITINGS RING TRUE

11 Apr 2018

Linda Klibanow

cases, congress, discrimination, employee rights, feminism, legislation, News Article, SCOTUS

As we mourn the passing of the Ninth Circuit’s “liberal lion,” Judge Stephen Reinhardt, we should celebrate one of his last writings, the majority opinion in Rizo v. Yovino (December 12, 2017) published at 2018 DJDAR 3122. In the opening paragraph of...

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