February 2009

In the course of an otherwise (merely) good ADA decision, affirming a $200,000 jury verdict for a plaintiff undergoing chemotherapy and suffering memory loss (under a "regarded as"/"record of" theory), the panel drops in something really exquisite -- a make-whole...

Not much going on after the President's Day break. The Tenth Circuit considers whether an initial denial of a transfer (later revoked) constitutes a materially adverse action that "could well dissuade a reasonable worker from making or supporting a charge of...

The Fifth Circuit hands a procedural win to a Title VII plaintiff (with an assist from the EEOC as amicus), on a timing issue over receipt of the right-to-sue letter. On the same day, the court also enters an unpublished order (with a partial dissent) on a potentially...