June 2009

Over a year and a half after its original decision ordering entry of a preliminary injunction to put a halt to intrusive background checks of low-level contract employees at the Jet Propulsion Lab, the Ninth Circuit finally orders the denial of rehearing en banc, with...

Take cheer in a progressive decision coming out of this unlikeliest of venues, the Fifth Circuit. The EEOC obtains a decision that not only gets it a trial on an ADA claim, but also sheds a light on a totally foul way of disposing of summary judgment. And in an...

One day after the Gross decision breaks, the Tenth Circuit begins laying the groundwork for the next assault on ADEA causation, albeit by way of an unpublished decision. In the Ninth Circuit, the EEOC gets out from under attorneys' fees sanctions in another...

Because the web will be afire with instant commentary on the Supreme Court's Ricci decision, I will lead off with a little benefits case from the Seventh Circuit. As for Ricci, the majority exposes the roots of the case -- essentially, a re-match of the...