an update for the week of december 18, 2006
Happy Holidays! Workplace Week will not be published next week, but we'll be back the week after that, with a New Year's resolution to make 2007 the year the tide turns for working people. Click here to join us!
this week in the courts
Tu v. Nat'l Transp. Safety Bd.  (Ninth Circuit; No. 04-76454)
Decision Date: December 14, 2006
A petition for review of the FAA's 120-day suspension of a pilot's license allegedly for "buzzing" on two flights over Mount Rushmore National Memorial and Crazy Horse Mountain is granted where the FAA denied petitioner due process when it failed to provide him with notice reasonably calculated, under all the circumstances, to notify him that his pilot's license had been suspended, so that he could timely exercise his right of appeal to the NTSB. [Sign-in required.]
Timmons v. General Motors Corp.  (Seventh Circuit; No. 05-3258)
Decision Date: December 7, 2006
Summary judgment for defendant-employer, in case where plaintiff, who suffers from multiple sclerosis, alleged defendant violated the ADA when it involuntarily placed him on disability leave, is affirmed over claims that the district court applied the wrong legal test to the case and that the evidence established a material factual dispute regarding defendant's reason for placing plaintiff on disability leave.
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