Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more
You find out an employee launches a false complaint of discrimination or harassment and you terminate them for their dishonesty. There’s no harm in that, right? Think again. There has been a recent trend of cases where courts...more
Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more
As a general rule, of course, Human Resources Departments and company management want to be – and should be – well-informed about issues in the workplace, including employees unhappy enough to have raised claims of...more
Employers faced with discrimination claims must determine if summary judgment is a viable means to dispose of those claims. A recent Ninth Circuit decision provides some additional ammunition for employers moving for summary...more
The U.S. Court of Appeals for the Third Circuit recently became the first appellate court to find that so-called “subgroup” disparate impact claims are cognizable under the Age Discrimination in Employment Act (ADEA), which...more
It turns out that “protected activity” sufficient to make out a retaliation claim in California is not as broad as it may sometimes seem. On November 9, 2016, the Court of Appeal affirmed summary judgment for the employer in...more
Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more
Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more
On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more
On August 3, 2015, the U.S. Court of Appeal for the Ninth Circuit issued a decision in France v. Johnson, holding that an average age difference of less than 10 years between an Age Discrimination in Employment Act (ADEA)...more
The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more
The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented,...more
The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular individual would not...more
On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but...more
Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more
The Sixth Circuit has reversed the decision of a lower court and held that a deaf individual should be permitted to proceed to trial on his claim that a prospective employer discriminated against him on the basis of...more
Alamo v. Practice Management Information Corp., No. B230909 (Cal. App. 2d, Sept. 24, 2012): In Alamo, a former employee who was fired upon her return from maternity leave brought a lawsuit for pregnancy discrimination in...more
Melman v. Montefiore Medical Center, 946 N.Y.S.2d 27 (1st Dep’t May 29, 2012): The New York Appellate Division, First Department recently held that plaintiffs bringing discrimination claims under the New York City Human...more