December 2008

Here are two judgments from jury trials, both affirmed entirely on appeal (in unpublished opinions from the Second and Third Circuits) and each containing small nuggets of insight. Brown v. Junction Pool Commons, Inc., No. 07-1378 (2d Cir. Dec. 2, 2008) :  Here's a...

  There dismal outcomes for plaintiffs: the Sixth Circuit holds that former employees lack standing under the ADA to sue for post-employment fringe benefits; the Eighth Circuit reaffirms its rule that an employer that quickly retracts an adverse action can...

The Supreme Court takes on another employment-discrimination case (adding to Hulteen, Pyatt and Crawford). The Fifth Circuit, meanwhile, issues a perplexing unpublished decision on pleading employment discrimination under Fed. R. Civ. P. 8. As reported last week...

The Fourth Circuit issues -- unpublished -- a progressive Title VII retaliation decision, reaffirming its view that there is no "reasonableness" requirement for claims under the "participation" prong. The Fifth Circuit, in a previously nonprecedential decision,...

The D.C. Circuit dismisses an interlocutory appeal of a disability discrimination case under the Congressional Accountability Act ("CAA") on appellate jurisdiction grounds.  The First Circuit concludes that Reeves v. Sanderson Plumbing Products Co. could not possibly...

In a decision from the Seventh Circuit, a big national law firm now faces a trial on a race/religion/national origin claim by an Indian Muslim associate fired in the wake of 9/11. The Eleventh Circuit reverses summary judgment against a pro se discrimination plaintiff...

Well, this is definitely going to wreck some defense lawyers' holiday! The Eighth Circuit affirms a jury verdict in a Title VII religious accommodation case, solely on the ground that the defendant failed to renew its motion for judgment as a matter of law after the...

Anyone care to explain why it is that the Eleventh Circuit so often consigns its even mildly pro-employee decisions to "do not publish" purgatory?  Another unpublished decision, from the Ninth Circuit, gives second life to an ADA claim.  Also, an idea for gift-giving...