Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
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
Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA)....more
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more
Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more
A California appellate court last week issued a decision in Wilson v. CNN, applying and interpreting the scope of last year’s Supreme Court ruling in the same case, which had itself resolved a circuit split in the state as to...more
Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are prohibited from taking adverse employment actions against employees because they are servicemembers or are obligated to...more
Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and...more
Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more
As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more
Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer’s reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the...more
Q. Is there anything I should look out for in documenting my legitimate business reason for terminating an employee? A. The United States Appeals Court for the Seventh Circuit (covering Illinois, Indiana and Wisconsin)...more
The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more
On February 12, 2018, the United States District Court for the Northern District of Mississippi recently denied a motion for summary judgment in a SOX whistleblower claim where the defendant company alleged that it terminated...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
A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more
Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...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
The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more
In Westawski v. Merck & Co., No. 14-cv-3239 (E.D. Pa. Oct. 18, 2016), the Eastern District of Pennsylvania granted Defendant Merck & Co. (Company) summary judgment on Plaintiff Joni Westawski’s (Plaintiff) SOX whistleblower...more
In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more
As we have discussed in earlier posts, the recent trend in court decisions under the Sarbanes-Oxley Act (SOX) has been to lighten the burden on complainants and to expand the universe of cases that proceed to decisions on the...more