Melvin T. Brunetti
How Judge Brunetti rules, drawn from 36 signed orders. Every observation links to the order it came from.
Judge Brunetti no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brunetti decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An employer can be responsible for workplace harassment by a customer when it knew or should have known of the conduct and ratified or acquiesced in it by failing to take prompt corrective action.
“We now hold that an employer may be held liable for sexual harassment on the part of a private individual, such as the casino patron, where the employer either ratifies or acquiesces in the harassment by not taking immediate and/or corrective actions when it knew or should have known of the conduct.”
A discriminatory administrative burden can establish a concrete constitutional injury even when compliance requires little personal effort. The relevant question is whether the rule prevents a nonresident professional from competing on substantially equal terms.
“However, the Commissioner’s argument misses the mark; Restrepo’s lack of personal contact with the countersigning agent does nothing to diminish the fact that section 680A.300 prevents her from doing business in Nevada on substantially equal terms with resident agents.”
Procedural preferences
A fee applicant should ground the requested hourly rate in the prevailing market for comparable work in the forum where the district court sits, unless the record supports using another community.
“Generally, when determining a reasonable hourly rate, the relevant community is the forum in which the district court sits.”
Cautions
For an action to compel labor arbitration, silence or constructive notice does not start the limitations period. The employer must communicate an unequivocal, express refusal to arbitrate.
“In accord with Great Western, American Postal Workers, and Westinghouse, we hold that for an employer to ‘make it clear’ that it refuses to arbitrate and, therefore, to start the statute of limitations running, an unequivocal, express rejection of the union’s request for arbitration must be communicated to the union. Constructive notice is not sufficient.”
In an ERISA benefits case, a treating physician's opinion receives no automatic preference, and the plan need not rebut it by clear and convincing evidence.
“After Nord, opinions by LaMantia's treating physicians are afforded no special deference, and the Plan is not required to rebut these opinions by clear and convincing evidence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the appeal is dismissed because the panel is without jurisdiction to consider this matter.”
“AFFIRMED AND REMANDED.”
“We have jurisdiction pursuant to 26 U.S.C. § 7482(a) (1988), and we affirm.”
“Because the Union never received from the employer an unequivocal, express refusal of its demand to arbitrate, the statute of limitations never commenced running. The judgment is reversed and the case is remanded for further proceedings consistent with this opinion.”
“We reject the Vasseli’s argument and affirm the BAP’s order.”
“Based on Western’s knowledge of the incident, its warning letter and subsequent dismissal of Palmer, its failure to conduct an *154 independent investigation, its input into Ryerson’s conduct, and its'failure to enforce an agreement between Western and Ryer-son, we hold that there is substantial evidence to support the Secretary's factual determination that Western knowingly participated in the adverse action against Palmer, and violated section 2305(b). AFFIRMED.”
“The bankruptcy court granted the motion, the district court affirmed, and the County appeals. We have jurisdiction pursuant to 28 U.S.C. § 158(d), and now affirm.”
“We have jurisdiction pursuant to 28 U.S.C. § 158(d) and affirm the order of the bankruptcy court.”
A historical record
Judge Brunetti no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.