News & Analysis as of September 21, 2024

Supreme Court of the United States › Burden-Shifting

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

SCOTUS Makes it Harder for Employers to Defend Against Whistleblower Retaliation Claims: Key Takeaways for Businesses

Fisher Phillips on 2/12/2024

The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects...more

Interpreting SCOTUS Precedent, Seventh Circuit Unanimously Rejects the EEOC's Claim That Wal-Mart's Light Duty Program...

Hinshaw & Culbertson - Employment Law... on 8/23/2022

Seven years after the Supreme Court's decision in Young v. UPS articulated the legal standard required to establish intentional discrimination in the context of pregnancy discrimination, the United States Court of Appeals for...more

SCOTUS to Determine Key Aspects of Government Dismissal Authority in FCA Cases

Polsinelli on 6/30/2022

The United States Supreme Court recently agreed to hear a case interpreting the False Claims Act (“FCA”) that may affect the government’s involvement in pending and future matters. To resolve a circuit split, the Court will...more

The Ups And Downs (And Up Again?) Of A Batson Challenge

Fox Rothschild LLP on 7/31/2020

In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prevents prosecutors in criminal cases from exercising peremptory challenges to excuse...more

Supreme Court Clarifies Standard Federal Workers Must Meet in Age Discrimination Lawsuits

FordHarrison on 4/8/2020

On April 6, 2020, the U.S. Supreme Court held that federal-sector plaintiffs in age discrimination cases brought under the Age Discrimination in Employment Act (ADEA) need not show that negative consideration of age is a...more

“OK, Boomer” – What Amounts to Actionable Age Discrimination?

Bradley Arant Boult Cummings LLP on 1/23/2020

What does an age discrimination plaintiff have to prove to succeed? Federal employees may have an easier path for proving an age discrimination claim, if we are reading the tea leaves correctly on the Supreme Court’s oral...more

Statistical Modeling in Class Actions: The U.S. Supreme Court Weighs in, Kind of

Sheppard Mullin Richter & Hampton LLP on 5/7/2016

A U.S. Supreme Court decision expected to potentially change (or at least clarify) the rules on the hot-button issue of statistical modeling in class actions ended up turning much more on case law specific to the Fair Labor...more

Update on the U.S. Supreme Court’s Inclusive Communities Decision

Dorsey & Whitney LLP on 3/9/2016

As previously reported on this blog, the U.S. Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015) adopted a burden-shifting approach to...more

Illumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc. (Fed. Cir. 2016)

McDonnell Boehnen Hulbert & Berghoff LLP on 2/5/2016

The Federal Circuit affirmed a decision of obviousness, and that a patentee not be able to amend claims in an inter partes review proceeding, in an opinion handed down January 29th in Illumina Cambridge Ltd. v. Intelligent...more

"Shifting Burdens: Structuring a Rule of Reason in Reverse-Payment Cases"

Skadden, Arps, Slate, Meagher & Flom LLP on 9/29/2015

The U.S. Supreme Court’s 2013 decision in Federal Trade Commission v. Actavis, Inc. triggered a flurry of judicial activity in relation to pharmaceutical patent settlements allegedly involving reverse payments from patent...more

Supreme Court Takes on Housing Discrimination

Adams and Reese LLP on 8/18/2015

Court rules that actions that disproportionally affect minority groups can support lawsuits under the Fair Housing Act. The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor...more

Supreme Court Denies Review of Fourth Circuit Loss Causation Case

Proskauer - Employee Benefits & Executive... on 7/1/2015

The U.S. Supreme Court recently declined to grant certiorari to review the Fourth Circuit’s decision in RJR Pension Investment, et al. v. Tatum, 761 F.3d 363 (4th Cir. 2014). As we previously reported, a divided panel of the...more

The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision...

Spilman Thomas & Battle, PLLC on 6/11/2015

In 2013, the Supreme Court of the United States held that plaintiffs claiming retaliation under Title VII must prove that “but for” the retaliation they would not have been discharged. University of Texas Southwestern Medical...more

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

Proskauer - Law and the Workplace on 3/31/2015

Last Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA)....more

U.S. Supreme Court Revives Suit Against UPS, Extending McDonnell-Douglas Burden Shifting Framework to Pregnancy Discrimination...

Mintz - Employment, Labor & Benefits... on 3/27/2015

The U.S. Supreme Court vacated a Fourth Circuit decision Wednesday, reviving a pregnancy bias case against the United Parcel Service brought by a former delivery driver who was denied a light-duty work accommodation while...more

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Supreme Court of the United States › Burden-Shifting

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