August 2009

The Second Circuit issues another warning to lawyers from high-billing jurisdictions who choose to represent clients in courts where the market rate is lower, here tamping down an award of fees in an ADA/Rehab Act case. The D.C. Circuit construes the Congressional...

Two new racial harassment cases featuring nooses found their way into the books last week. In a Fourth Circuit case, the panel reverses denial of class certification in a Title VII racial harassment/promotion case. In a Seventh Circuit case, the panel somewhat...

At the end of the week, we have comparable outcomes in diverse quarters. From Utah, courtesy of the Tenth Circuit, we have a reversal of summary judgment in an FMLA interference case, while the same opinion affirms summary judgment in a Title VII religious...

You would think that having to compete for a job with someone who's having sex with the boss would present a sex discrimination case under Title VII, but courts (as this unpublished Tenth Circuit decision demonstrates) generally do not agree.Anderson v. Oklahoma State...

The Sixth and Third Circuits both hold today that the "plausibility" pleading standard of Ashcroft v. Iqbal, 129 S. Ct. 1955 (2009), applies to garden-variety employment discrimination cases. In the same opinion, the Third Circuit declares a four-year limitations...

Two more plaintiffs' wins reported yesterday -- the publication of a previously non-precedential Title VII case in the Ninth Circuit, and a partial reversal of summary judgment in a Title VII case, sending a retaliation claim back to the district court for trial in...

Two cases, both involving custodians, lead to good results for the employees.  The Sixth Circuit addresses the significance of Gross v. FBL Fin. Servs., Inc., 129 S. Ct. 2343 (2009), in the context of the Family and Medical Leave Act. It holds -- in spite of that...

An Eighth Circuit trifecta: The EEOC wins a Title VII punitive damage issue in a pregnancy discrimination case, a Title VII/§ 1981/§ 1983 hiring claim flames out on the issue of pretext, and an ADEA claim is three days late to the start line.EEOC v. Siouxland Oral...

Two fantastic results for plaintiffs this week. In the Third Circuit, a gay man succeeds in reversing summary judgment in a Title VII case -- on a sex-stereotyping theory -- claiming harassment and retaliation, although his parallel religious harassment case fails. In...