August 2008

After last month's decision in White v. Baxter Healthcare Corp., No. 07-1626 (6th Cir. July 3, 2008), where the Sixth Circuit broke with the other circuits over the proper analysis of a so-called "mixed-motive" case under 42 U.S.C. § 2000e-2(m), here comes the Third...

It's not enough that our National Guardsmen and Guards women are dodging bullets in Iraq and Afghanistan. They're also facing obstacles in our federal courts under the USERRA.Landis v. Pinnacle Eye Care, LLC, No. 07-6204 (6th Cir. Aug. 11, 2008):  In this case, the...

The Sixth Circuit sorts out a returning serviceman's substantive right to reinstatement, and the separate prohibition against discrimination, under USERRA. The Fifth Circuit affirms that a Title VII plaintiff who prevails after an initial mistrial may still -- under...