Hawaii Employment Law Decisions from July 12 to July 18 - Jeffrey S. Harris

The False Claims Act required dismissal of a qui tam relator's  claims because he was convicted of the conduct giving rise to the fraud, even if he or she only played a minor role.  Schroeder v. CH2M Hill, 2015 U.S. App. LEXIS 12287 (9th Cir. July 16, 2015).

A district court properly dismissed a former employee's sex and age discriminations claims against an Oregon company based on lack of personal jurisdiction and forum non conveniens, because the alleged discrimination occurred in the Netherlands, the contact between Oregon and the plaintiff's employer, a foreign subsidiary of the company, was insufficient to support personal jurisdiction in Oregon; and because the plaintiff did not show that the subsidiary was an alter ego of company.  The Netherlands provided a more convenient forum than Oregon, and the Dutch Equal Treatment Commission was an adequate alternative forum and had already considered and rejected the plaintiff's claims.  Ranza v. Nike, Inc., 2015 U.S. App. LEXIS 12290 (9th Cir. July 16, 2015).

Note: We analyze cases to learn rules the courts will follow or disappoint us if they don't. Rules that the courts follow allow us to behave and provide explanations that they accept. But competent advocates may limit the rules to the facts of the case where they are discussed, or expand rules by showing that differences in other cases are irrelevant.