News & Analysis as of

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

Supreme Court Issues Two Employer-Friendly Title VII Decisions

The U.S. Supreme Court yesterday issued two Title VII decisions favorable to employers. One case examined the definition of a supervisor under the anti-discrimination laws, and the other dealt with an employee’s burden of...more

Supreme Court Limits Mixed-Motive Standard

On June 24, 2013, in a 5-4 decision, the U.S. Supreme Court clarified that an employee alleging unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964 must prove that a retaliatory motive was the...more

Supreme Court Rules that a State Court Has Jurisdiction over a Legal Malpractice Claim Involving a Federal Patent Issue

The Supreme Court of the United States, in Gunn v. Minton, determined that a Texas state court had jurisdiction over a legal malpractice claim, even though resolving the claim required the state court to address an issue of...more

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

Gunn v. Minton (2013)

A patent issue exerted its Circe-like effect on the Supreme Court again today in Gunn v. Minton, a decision overruling the Texas Supreme Court on the question of whether the existence of a patent issue in a legal malpractice...more

Terrorizing Patent Practitioners: Highlights from Oral Argument at the Supreme Court for Gunn v. Minton

On January 16, 2013, the Supreme Court of the United States heard oral arguments in Gunn. The heart of the matter is whether the state-based malpractice action may be heard in state court or whether it must be heard in...more

How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other...

“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only...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

Supreme Court Clarifies Appeals Rights For Federal Employees

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

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