April 2009

In unpublished decisions this week, the Ninth Circuit affirms a $466,250 judgment in a sex harassment case, and the Sixth Circuit remands an FMLA case for trial.Wyatt v. Horkley Self-Serve, Inc., No. 08-35063 (9th Cir. Apr. 1, 2009):  Here, both the individual...

The Sixth Circuit, in two unpublished decisions, sends cases back to the district court for trial. In the former case, it reverses a defense verdict where the district court excluded a Title VII plaintiff's strongest evidence on ultimately indefensible hearsay and...

There plaintiffs whiff today in There different circuits: an ADA case in the Eighth Circuit dismissed on the ground that the employee was not a "qualified individual," a Title VII/Equal Pay Act case dismissed on res judicata grounds in the Seventh Circuit, and an...

Here's a hard-fought Title VII sex harassment and retaliation case, ended in the district court by summary judgment, and resulting in a split Tenth Circuit panel affirmance. The legal issues include how long an employee may wait to complain about supervisor...

We close the week with two huzzahs for progressive state-level employment law. The Eighth Circuit affirms a jury verdict for a retaliation plaintiff under Missouri state law, which affords a lower burden of causation than federal law. And the Illinois Supreme Court --...

Here's a significant decision from the D.C. Circuit declaring an "entrepreneurial" standard for the "independent contractor" test under the NLRA, in place of the multi-factor common-law test. Also, the Second Circuit affirms sanctions against national law-firm partner...