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| Case Name | Konig v. State Bar of California | |
|---|---|---|
| Date | 09/28/2007 | |
| Note | [Unpublished] A negative employment action motivated by retaliation for an employee's efforts to report unethical or improper judicial behavior would fall outside the exclusive remedy provisions of workers' compensation because such conduct violates public policy. However, the collateral estoppel effect of the district court's decision precludes any claim that defendants' actions were so motivated. | |
| Citation | A113742 | |
| WCC Citation | WCC 32632007 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE No. A113742 September 28, 2007 ALAN KONIG, PLAINTIFF AND APPELLANT, v. THE STATE BAR OF CALIFORNIA ET AL DEFENDANTS AND RESPONDENTS. Plaintiff is a former attorney on the staff of the State Bar of California (State Bar). His complaint alleges that he became aware of unethical and improper conduct by judges of the State Bar Court (Bar Court). For example, plaintiff alleges that, "[b]eginning in or about May 2003, Plaintiff repeatedly advised Defendants of rulings and orders in several State Bar Court matters that violated Defendant STATE BAR's state and federal constitutional rights, violated witnesses' state and federal constitutional rights, and disregarded binding precedent, including that of the California Supreme Court. "The State Bar argues that because the individual defendants obtained a judgment against plaintiff, the State Bar, as employer of those defendants, can assert the preclusive effect of the judgment.
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