November 2008

My regrets about the long delay between entries -- a raft of depositions and a presidential election intervened. In the hopes of making things up, here are two Title VII cases from this week, both defense wins and both with opinions that simply could not mean what...

The Fifth Circuit issues two employee-friendly decisions -- one under Title VII, the other under the FMLA -- both on the same day, and who knew?  In an act of judicial humility, they went unpublished.EEOC v. General Motors Corp., No. 07-60886 (5th Cir. Nov. 12,...

Welcome to the sad, week-ending cavalcade of the hobbled and lame: three decisions (two unpublished) affirming summary judgment, none showing a glimmer of life on appeal. Sampath v. Concurrent Tech Corp., No. 08-2370 (3d Cir. Nov. 13, 2008) (unpub):  Claim of...

Rough way to start the week: Winning ugly in a Title VII appeal in the Fourth Circuit, a blown limitations period in the Second Circuit, and a flubbed amendment to a Title VII complaint in an unpublished Fifth Circuit order.Ziskie v. Mineta, No. 06-2060 (4th Cir. Nov....

Two juries returned employment discrimination verdicts for the employer, and in one case the judge even awarded fees to the defendant under Title VII. The verdicts are affirmed by the Fifth and Eleventh Circuits over various claims of error. But, in the realm of tiny...

Another ride on the Sixth Circuit wheel-of-fortune -- Judge Boyce Martin (a Carter appointee) joins with Judge R. Leon Jordan (district judge from E.D. Tenn.) to reverse summary judgment in an ADEA and Title VII case; Judge Alice M. Batchelder (Bush I appointee)...

Compulsive reading from the Fourth Circuit about a seldom-litigated federal statute, the Employee Polygraph Protection Act ("EPPA"), 29 U.S.C. §§ 2001 to 2009 (2000).  And, is the Eleventh Circuit one of the most dangerous places in the country for plaintiff's...