March 2009

Two cases today on damages following successful jury trials: (1) in the Sixth Circuit, a pyrrhic victory for three plaintiffs who hold on to their liability findings (for racial harassment under the Michigan Elliott-Larsen civil rights act), but lose all but nominal...

Two cases decided last Friday really tell us more about the state of summary judgment law in 2009 than about civil rights or anti-discrimination law per se. In the former case, the plaintiffs prevail on summary judgment substantially (it seems) because of the city's...

Two ADappeals in the Eighth Circuit, decided not on statutory arcana (into which so many ADA cases seem to descend), but on the basic issue about who a jury might believe. The first reverses summary judgment on straightforward grounds -- that there was enough in the...

The Seventh Circuit affirms summary judgment in a Sarbanes-Oxley (SOX) case, holding that the plaintiff lacked an objectively reasonable basis for believing that her employer was engaged in unlawful behavior when it negotiated with a contractor over the size of its...