Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
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On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s...more
The Township of Mount Holly and other petitioners for certiorari in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. filed a brief on May 24, 2013 in the U.S. Supreme Court replying to the brief filed by...more
Motion to Adjourn Trial ...more
In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or...more
The federal agency charged with ending racial stereotypes in the workplace, the EEOC, hinged its entire systemic case on stereotypical way in which different races “look.” The court was having none of it, excluding the EEOC's...more
On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute...more
Seventh Circuit Affirms That Staffing Firm Must Answer EEOC Subpoena From 2009 - CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that a federal appeals court ordered Aerotek, Inc., one...more
A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more
Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more
The UK’s Department for Business, Innovation and Skills has issued the ‘Fifth Statement of New Regulations’ (the “Statement”), which provides details of regulatory reforms and implementation dates for 2013. Whilst the...more
In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more
Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is...more
A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on...more
Christmas came a few days early for Iowan employers, when the Iowa Supreme Court ruled that a male employer acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the...more
The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires an employer to return a military veteran-employee to the "position of employment" he or she would have been in had the employee not left to...more
On December 26, 2012, the Eleventh Circuit issued a ruling that strengthens defenses to “protected activity” in FLSA retaliation actions. Miller v. Roche Surety & Casualty Co., Inc., No. 12-cv-10259 (11th Cir. Dec. 26, 2012)...more
The Eleventh Circuit Court of Appeals reversed summary judgment in favor of an employer, holding that a plaintiff’s testimony and evidence related to her transfer to a position of less responsibility upon return from leave...more
Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for...more
On December 10, 2012, the Supreme Court handed down a critical victory to federal employees in a highly technical case. This decision now gives federal employees a simpler and less confusing process for appealing...more
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term conclude with Crittenden v. Cook County Commission on Human Rights. Crittenden involves a question of administrative...more
Oral Argument in Vance v. Ball State University Takes an Unexpected Turn - Late last month the U.S. Supreme Court heard oral argument in Vance v. Ball State University, No. 11-556. The issue that Vance is expected to...more
The “frappe” button on a blender is useful for all kinds of recipes when you want to mix things up, but it, until now, has not been considered a viable rule of statutory construction. We’ve written before (previous...more
Last week, the Sixth Circuit Court of Appeals reversed summary judgment orders in a Title VII sex discrimination case against Cintas Corporation, holding that the EEOC (the intervening plaintiff) should have been allowed to...more
In This Issue: - "A Motivating Reason" Jury Instruction Is Upheld In Pregnancy Discrimination Case: Alamo v. Practice Mgmt. Info. Corp., 2012 WL 4450066 (Cal. Ct. App. 2012) - Wrongful Termination Claim Based Upon...more
The U.S. Supreme Court's new term began on the first Monday of October, its first public meeting since the Court's high-profile health care decision in June, and there already are a number of cases that will have a...more
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