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

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...

Saheli, EFASHA & “Unexpected Consequences”?

09 Apr 2018

Linda Klibanow

arbitration, cases, congress, due process, employee rights, employment disputes, legislation, SCOTUS

On March 14, 2018 in Saheli v. White Memorial Medical Center, 2018 DJ DAR 2413, the California Court of Appeal held that the Ralph Act (Civil Code Section 51.7) and the Bane Act (Civil Code Section 52.1) are preempted by the Federal...

The Bogus Jurisprudence of This Supreme Court Majority: A Look at Encino Motorcars v. Navarro

09 Apr 2018

Linda Klibanow

administrative agency, arbitration, employee rights, Gorsuch, SCOTUS

On April 3, 2018 the Supreme Court issued decision, rendered by Thomas, with, of course, the three lady justices and Justice Breyer dissenting in opinion by Ginsburg, in Encino Motorcars, LLC v. Navarro, reversing the Ninth Circuit’s decision in a case in...

“Radium Girls,” Beryllium, and Silica Dust: Worker Safety Saga Continues as Trump Administration Weakens OSHA Enforcement

07 Dec 2017

Linda Klibanow

administrative agency, employee rights, employment disputes, feminism, labor, legislation, News Article

I am ashamed to say that only this past month did I only discover the history of The Radium Girls-The Dark Story of America’s Shining Women (author Kate Moore; published by sourcebooks in 2017). Ms. Moore is to be commended for her...

Klibanow Active in Media Colloquy on Employment Arbitration Class Waiver Controversy

30 Nov 2017

Linda Klibanow

administrative agency, arbitration, cases, class action waiver, employee rights, employment disputes, Gorsuch, labor, legislation, SCOTUS

Recently Ms. Klibanow was interviewed by legal reporter John Roemer and quoted in his November 24, 2017 Daily Journal article anticipating the U.S. Supreme Court’s upcoming ruling in the pending employment arbitration trilogy of cases, lead case being Epic Systems Corp. v....

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