News & Analysis as of

Reversal Supreme Court of the United States En Banc Review

Fishman Haygood LLP

2023-2024 Annual Review of the Fifth Circuit’s Judicial Statistics

Fishman Haygood LLP on

Each year, Take the Fifth blog compiles and analyzes key statistics from the opinions issued by the U.S. Court of Appeals for the Fifth Circuit. While the Fifth Circuit itself compiles and releases statistics on a...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your En Banc Ninth: The Dissents Stay Dissents

In the past two weeks, we’ve examined which judges tend to agree and disagree with one another when on the same en banc panel, and which of those judges tend to end up in dissent. This week, we look at whether the views of...more

Littler

High Court Declines to Resolve Circuit Split on Whether Prior Salary is “A Factor Other Than Sex” that Can Justify a Pay Disparity...

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On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Rizo v. Yovino. The federal Equal Pay Act (EPA) requires “equal pay for equal work regardless of sex,” subject to four exceptions. ...more

Seyfarth Shaw LLP

What Is Past Is Prologue: The Ninth Circuit Again Rules That Prior Salary Cannot Justify Pay Differences

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Seyfarth Synopsis: The Ninth Circuit, in an en banc decision following remand from the Supreme Court, held that employers cannot justify pay disparities under the federal Equal Pay Act by showing that those disparities are...more

Orrick - Equal Pay Pulse

Ninth Circuit Issues A Second En Banc Decision Regarding Prior Salary Considerations In Rizo v. Yovino Re-Do

In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a...more

Ballard Spahr LLP

SCOTUS to consider Collins cert petitions on Jan. 10

Ballard Spahr LLP on

At its conference this Friday, January 10, the U.S. Supreme Court is expected to consider the petition for a writ of certiorari filed by the plaintiffs in Collins v. Mnuchin and the petition filed by the FHFA and Treasury...more

Morgan Lewis

Supreme Court Vacates and Remands Ninth Circuit Opinion that Prior Pay Is Not a Defense to Equal Pay Act Claim

Morgan Lewis on

The US Supreme Court issued a per curiam opinion on February 25 vacating and remanding the US Court of Appeals for the Ninth Circuit’s en banc opinion in Rizo v. Yovino, in which the Ninth Circuit held that prior pay cannot...more

Littler

U.S. Supreme Court Vacates and Remands Ninth Circuit's Decision in Equal Pay Case

Littler on

On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino, in which it held an employer cannot justify a wage differential between men and women by relying on...more

Seyfarth Shaw LLP

The Use of Salary History Still Up in the Air in the Ninth Circuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: On technical grounds, the Supreme Court vacated the Ninth Circuit’s decision on the use of prior salary to explain pay differences under federal law....more

Stinson LLP

Supreme Court Vacates Ninth Circuit Ruling on Equal Pay Act Due to Judge's Death Prior to Decision Filing

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On Monday, the U.S. Supreme Court vacated the Ninth Circuit’s ruling in Rizo v. Yovino regarding the use of salary history information to determine wages, finding that, because Judge Stephen Reinhardt was deceased and...more

Dorsey & Whitney LLP

The Supreme Court - February 25, 2019

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Today, the Supreme Court issued one decision: Yovino v. Rizo, No. 18-272: Eleven days after Judge Stephen Reinhardt passed away, the Ninth Circuit filed an en banc decision listing Judge Reinhardt as the author of the...more

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

Salary History Is Not Quite History in the Ninth Circuit, According to Supreme Court

On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an...more

Fisher Phillips

Supreme Court Strikes Down Significant Pay Equity Case - Landmark 9th Circuit Ruling Scrapped Because Of Deceased Judge

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The Supreme Court took the unusual step today of vacating a 2018 federal appeals court decision because one of the judges counted in the majority was deceased by the time the decision was published, reversing a landmark pay...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Supreme Court is taking another patent case, granting certiorari in WesternGeco v. Ion. A divided panel of the Circuit had ruled that the plaintiff was not entitled to lost profits as a result of the sale of components of...more

McDermott Will & Emery

“Raging Bull” and the Patent Act: Laches Still Available in Patent Cases - SCA Hygiene Products AB et al. v. First Quality Baby...

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The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...more

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