A Review of the Supreme Court’s 2010 – 2011 Term


As the United States Supreme Court’s 2010-2011 term drew to a close, commentators observed several trends in its holdings. In particular, cases involving the First Amendment dominated the term, and the Court imposed substantial barriers to class actions. These latter decisions, in particular, hold major implications for employers.

The Roberts Court continues to be viewed as generally pro-business, with Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) calling the Court the “most business-friendly Supreme Court in the last 75 years.” That characterization is not entirely accurate in the area of employment law, however, which requires a more nuanced examination of the Court’s rulings. The nine major employment-related decisions issued by the Court this term include...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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