News & Analysis as of

Evidentiary Standards

Baker Botts L.L.P.

Fourteenth Court of Appeals Further Limits Non-Economic Damages in ExxonMobil v. Brown

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In ExxonMobil Corp. v. Brown, the Fourteenth Court of Appeals has continued appellate-court efforts to define the contours of proving and evaluating non-economic damages in Texas....more

Mandelbaum Barrett PC

Can a Guardianship Be Reversed? Understanding Restoration of Capacity in New Jersey

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In New Jersey, being declared incapacitated does not necessarily mean that a person will remain under guardianship forever. Circumstances can change, and when they do, the law provides a path for individuals to regain some,...more

Carlton Fields

Florida Appeals Court Decisions Week of December 22 - 24, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Day - sentencing - Mullin v. Dep’t of Vet Affairs - employment, Rehabilitation Act - Mukhina v. Walmart - employment, Title VII, evidence, remedy exhaustion...more

Blank Rome LLP

Taxpayer Fails to Overcome California Assessment Based on Federal Change

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The California Office of Tax Appeals sustained the majority of a proposed assessment resulting from a federal change as the taxpayer did not provide sufficient evidence to overcome the assertion of additional tax. In re: G....more

Constangy, Brooks, Smith & Prophete, LLP

The erosion of McDonnell Douglas: What employers should know

For decades, courts have relied on the McDonnell Douglas burden-shifting framework as the primary method for evaluating employment discrimination claims based on circumstantial evidence. As I discussed earlier this year,...more

Dorsey & Whitney LLP

China Raises Evidentiary Threshold for Filing Non-Use Trademark Cancellations

Dorsey & Whitney LLP on

In May 2025, the China National Intellectual Property Administration (CNIPA) released updated Guidelines on applications for three-year non-use cancellation actions against registered trademarks (Updated Guidelines). A key...more

Tucker Arensberg, P.C.

Supreme Court of the United States Lowers Burden of Proof for “Reverse Discrimination” Title VII Claims

Tucker Arensberg, P.C. on

Marlean Ames (“Plaintiff”), a heterosexual woman, was an employee of the Ohio Department of Youth Services (“the Department”). Ames was hired by the Department in 2004 for a secretarial position but was later promoted to...more

Clark Hill PLC

New Third Circuit precedent confirms government employers should be on the offense to play the best defense in First Amendment...

Clark Hill PLC on

The Third Circuit in Jorjani v. NJIT, et al., just issued a precedential opinion last week on private professor speech that further refines what evidence is needed to show disruption....more

Miller Canfield

Patent Derivation Proceedings Offer a First-to-File Exception - Don’t Take the Bait

Miller Canfield on

The Federal Circuit’s recent decision in Global Health Solutions LLC v. Selner is its first review of a rare patent dispute resolution process under the America Invents Act (AIA). The decision serves as a warning that proving...more

Fisher Phillips

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

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As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] New Jersey Workers’ Compensation: A Deeper Look - September 30th, 11:00 am - 12:30 pm ET

Join Weber Gallagher Partners Jeffrey Newby, Jennifer Laver, and John Kutner for an insightful webinar that provides a deeper look into New Jersey Workers’ Compensation. Whether you’re handling routine claims or navigating...more

J.S. Held

Understanding India’s Evolving Legal and Regulatory Framework for Combating Financial Fraud

J.S. Held on

Introduction - Financial fraud represents a persistent threat to economic stability, undermining trust among businesses, investors, and the general public. As India’s financial ecosystem expands and transactions become...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Establishes New Test for Notice to Issue in FLSA and ADEA Collective Actions

In Richards v. Eli Lily & Co., a panel of the U.S. Court of Appeals for the Seventh Circuit joined the Fifth and Sixth Circuits in departing from the longstanding two-step procedure for distributing notice to potential...more

IMS Legal Strategies

Effective Strategies for Daubert and Robinson Challenges

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In high-stakes litigation, expert testimony that cannot withstand a Daubert or Robinson challenge can derail even the most well-prepared case. A failed Daubert or Robinson challenge can leave attorneys without their key...more

Husch Blackwell LLP

$10M California Jury Verdict Reversed and Remanded Over Evidentiary Issues

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A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more

Tucker Arensberg, P.C.

What Employers Need to Know After Supreme Court’s Reverse Discrimination Decision

On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, 145 S. Ct. 1540 (2025), making clear that an employee-plaintiff who is a member of a majority group cannot be held...more

Proskauer - California Employment Law

Supreme Court Invalidates Heightened Evidentiary Standard For Majority-Group Plaintiffs

Ames v. Ohio Dep’t of Youth Servs., 605 U.S. ___, 145 S. Ct. 1540 (2025) - Marlean Ames, a heterosexual woman, alleged under Title VII that she had been denied a management promotion and demoted based on her sexual...more

Blank Rome LLP

Ninth Circuit Upholds Converse’s Win in CIPA Chat Case: What the Gutierrez v. Converse Decision Means for Online Businesses

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Introduction - The intersection of digital customer service tools and privacy law continues to generate high-stakes litigation, especially in California, where the California Invasion of Privacy Act (“CIPA”) has become a...more

Jones Day

U.S. Supreme Court Ends Heightened Evidentiary Hurdle for "Majority Group" Plaintiffs in Title VII Discrimination Cases

Jones Day on

On June 5, 2025, the Supreme Court decided Ames v. Ohio Department of Youth Services and held that a "majority group" plaintiff in a Title VII case need not satisfy a heightened evidentiary burden to establish a prima-facie...more

Downey Brand LLP

Employers May See an Increase in Title VII Discrimination Claims

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Recently, the Supreme Court issued an opinion that lowered the bar for employees seeking to sue their employer. In Ames v. Ohio Department of Youth Services, a heterosexual white woman claimed that she suffered discrimination...more

Potomac Law Group, PLLC

SCOTUS Rejects Unique Proof Standards for Reverse Discrimination Plaintiffs

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that courts may not impose heightened evidentiary requirements on Title VII plaintiffs simply because...more

Smith Anderson

SCOTUS Rejects Extra Burden for Majority-Group Plaintiffs in Title VII Cases

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On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, significantly impacting how majority-group discrimination claims are evaluated under Title VII of the...more

Warner Norcross + Judd

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

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On June 5, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that courts cannot apply a heightened evidentiary standard to majority-group plaintiffs when deciding discrimination claims. The...more

Bricker Graydon LLP

Supreme Court Rejects “Background Circumstances” Requirement for Title VII Discrimination Claims in Ames v. Ohio Department of...

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In a unanimous decision issued on June 5, 2025, the United States Supreme Court held the “background circumstances” requirement imposed by some lower courts in what are often referred to as “reverse discrimination” claims is...more

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

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On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

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