One for the Employment Litigators

The plaintiff sued the SF Housing authority and lost. (Demps v. SF Housing Authority). Employment law practitioners will like the thorough legal discussion of the retaliation claim. This also is one of the rare opinions where the court said that the plaintiff failed to make out a prima facie case of discrimination because the plaintiff "was not performing competently."

Also - the court in Demps finally overruled its old decision in Biljac Associates v. First Interstate Bank. No longer may trial courts refuse to rule on objections to evidence at summary judgment hearings by saying, "I'm only relying on admissible evidence."