California Supreme Court

Kevin Murray, Plaintiff and Appellant v. Alaska Airlines, Inc., Defendant and Respondent — Werdegar, J., Dissenting

August 23, 201050 Cal. 4th 860

Summary

Justice Werdegar's dissent argues that preliminary administrative findings issued after a one-sided investigation should not preclude Murray's state wrongful-termination and whistleblower claims. Because Murray received no hearing, opportunity to present or challenge evidence, or meaningful participation before the findings, the dissent would not treat the unreviewed findings as sufficiently judicial to trigger collateral estoppel or a duty to exhaust further administrative remedies.