Judicial Review Supreme Court of the United States

News & Analysis as of

Supreme Court Requires Narrow Proof of EEOC Conciliation Efforts

On Wednesday, a unanimous U.S. Supreme Court agreed that federal courts have authority to review the Equal Employment Opportunity Commission’s attempts to conciliate discrimination charges when the agency concludes that the...more

Supreme Court Victory For Employers In Mach Mining v. EEOC

On April 29, 2015, the U.S. Supreme Court issued its long-awaited decision in Mach as1859[1]Mining, LLC v. EEOC, No. 13-1019 (U.S. 2015), and concluded, in a unanimous opinion authored by Justice Kagan, that federal courts...more

Supreme Court Confirms EEOC Conciliation Efforts are Subject to Judicial Review

On April 29, 2015, in a unanimous decision, the U.S. Supreme Court resolved a circuit split in holding that the Equal Employment Opportunity Commission’s (EEOC) attempts to conciliate a discrimination charge prior to filing a...more

Courts May Review the EEOC's Conciliation Efforts – Well, Sort Of

Title VII is clear: if the EEOC finds discrimination, it is supposed to "endeavor to eliminate [the] alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion." 42 U.S.C. §...more

Supreme Court Gives Employers a New, But Not Very Sharp, Tool for their Defense Arsenal Against the EEOC

Earlier this week, the U.S. Supreme Court issued a much anticipated ruling on the question of whether courts have the authority to review the adequacy of the Equal Employment Opportunity Commission’s (EEOC) pre-lawsuit...more

EEOC Must Fulfill Conciliation Requirement before Suing

The U.S. Supreme Court on April 30 released its opinion in Mach Mining, LLC v. EEOC, stating that federal courts had the authority to review whether the Equal Employment Opportunity Commission (EEOC) fulfilled its duty to...more

Supreme Court Authorizes “Barebones” Court Review of the EEOC’s Conciliation Efforts

On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review whether the U.S. Equal Employment Opportunity Commission (EEOC) satisfied its...more

Supreme Court Holds that EEOC Conciliation Efforts are Subject to Judicial Review

Wednesday, the Supreme Court held that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory duty to attempt to conciliate charges of discrimination prior...more

Will Federal Courts Review the EEOC Conciliation Process?

Federal law authorizes the Equal Employment Opportunity Commission (EEOC) to investigate claims of workplace discrimination and, in some instances, to sue an employer to rectify allegedly on-going discriminatory conduct. ...more

Supreme Court Refs Call Foul on EEOC, NBA Playoff Edition

The heads of officiating at the Supreme Court called a technical foul on the EEOC for being too Cavalier about its obligation to conciliate before lacing up its Converse All-Stars and heading to court. Mach Mining v. EEOC...more

Don’t Worry, Be Happy: Supreme Court’s Decision on Conciliation a Yawn for Connecticut Employers

Wednesday, the U.S. Supreme Court ruled that the EEOC has a duty to conciliate that has go a bit beyond words before filing suit as a party. In the case, EEOC v. Mach Mining, the employer argued that the EEOC cannot just say...more

Supreme Court Decides Mach Mining, LLC v. EEOC

On April 29, 2015, the U.S. Supreme Court decided Mach Mining, LLC v. Equal Employment Opportunity Commission. The Court held that the EEOC’s compliance with its statutory obligation to attempt to informally conciliate claims...more

Supreme Court Clarifies Judicial Review of the EEOC’s Pre-Suit Conciliation Efforts

Today, the U.S. Supreme Court held in a unanimous decision, that courts have the authority to review the EEOC’s pre-suit conciliation efforts, resolving a split among the circuits and clarifying the scope of judicial...more

Justices Give Courts Authority to Review EEOC Conciliation Efforts

On April 29, 2015, the Supreme Court of the United States decided whether—and the extent to which—courts may review efforts made by the U.S. Equal Employment Opportunity Commission (EEOC) to resolve discrimination claims with...more

EEOC’s Conciliation Efforts Subject to Limited Judicial Review

The Equal Employment Opportunity Commission (EEOC) has a statutory obligation to attempt to conciliate in good faith a cause finding as a condition precedent to filing litigation. In its unanimous opinion in Mach Mining, LLC...more

Supreme Court Concludes That EEOC Conciliation Efforts Are Reviewable by Courts

On April 29, 2015, the U.S. Supreme Court unanimously concluded that the Equal Employment Opportunity Commission’s (EEOC) efforts to conciliate a matter before filing suit—a statutory requirement of Title VII—can be reviewed...more

U.S. Supreme Court Unanimously Rules that Courts Have a Narrow Scope to Review Whether the EEOC Complied with Its Statutory Duty...

The United States Supreme Court has announced its decision in the closely watched Mach Mining LLC v. Equal Employment Opportunity Commission case – and it was unanimous. In an opinion authored by Justice Elena Kagen that...more

Landowners, Developers Win Big In Wetlands Case

Building on a 2012 U.S. Supreme Court decision, the Eighth Circuit ruled on April 10th that Clean Water Act jurisdictional determinations made by the U.S. Army Corps of Engineers can be challenged in a “pre-enforcement”...more

Will Employers Have an Affirmative Defense in EEOC Litigation? A Look at the Supreme Court’s Upcoming Decision

In the coming months, the Supreme Court of the United States will determine the level of judicial review, if any, that will be applied to employers’ pre-litigation negotiations with the U.S. Equal Employment Opportunity...more

Supreme Court Update: T-Mobile V. City Of Roswell (13-975), Hana Financial, Inc. V. Hana Bank (13-1211), Gelboim V. Bank Of...

Greetings, Court Fans! What began as a trickle of decisions from the Court's October sitting has swiftly burgeoned into a flood. Yesterday, the Court announced decisions in three more cases, on top of the three decisions...more

Supreme Court Will Hear Two Immigration Cases in 2015

The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases are immigration cases that could have significant implications on immigration law depending on how they are ultimately...more

More on the Reach of Sackett: Corps Jurisdictional Determinations Are Not Final Agency Action

Early last month, we noted that the decision in Luminant v. EPA suggested that the reach of the Supreme Court decision in Sackett is not unlimited. The Court of Appeals for the 5th Circuit agrees. In Belle Company v. Corps of...more

U.S. Supreme Court Denies Review of Union Trespassing Case in California

Labor unions recently won a victory over employers in California when the U.S. Supreme Court denied review of the California Supreme Court's decision in Ralphs Grocery Co. v. UFCW. The California court had upheld two state...more

Legal Alert: Supreme Court Upholds Arbitrator's Authority to Interpret Agreement to Permit Class Proceedings

“The arbitrator’s construction holds, however good, bad, or ugly.” This was the succinct message delivered on June 10, 2013, by a unanimous U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, No. 12-135, which challenged...more

Supreme Court Decides Kloeckner v. Solis

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

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