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16 Feb 2016, 11:26 am
Hicks (1993), which held that, in discrimination cases under Title VII of the Civil Rights Act of 1964, even where an employer’s stated reasons for an adverse employment action such as a termination are disbelieved by the trier of fact, a plaintiff must still prove that discrimination, and not some other reason, was the reason for the adverse employment action. [read post]
29 Jan 2016, 9:59 am
Title VII of the federal Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL) prohibit sexual harassment and sex discrimination in the workplace. 42 U.S.C. [read post]
12 Jan 2016, 10:53 am
Second, the Third Circuit’s approach produces absurd results, as well as an opportunity for litigants to deploy hypotheticals before the Court. [read post]
11 Jan 2016, 3:10 pm
Based solely on the doctrine of lenity, the Second Circuit adopted the narrow view. [read post]
9 Jan 2016, 7:47 am
Sugarbaker, December 16, 2015, United States Court of Appeals for the First Circuit More Blog Entries: Wilkins v. [read post]
4 Jan 2016, 8:00 pm
Lynch 15-362Issue: Whether the Second Circuit erred in holding that 8 U.S.C. [read post]
4 Jan 2016, 4:08 pm
As Alison Frankel noted in a post on her On the Case blog about apparent decline in merger objection lawsuit filings, we could be seeing the “death throes of reflexive M&A litigation. [read post]
31 Dec 2015, 4:16 am
The Second Circuit is second only to the U.S. [read post]
28 Dec 2015, 2:51 am
And the French civil Supreme Court, the Cour de Cassation, held that a corporation cannot be the author of a work protected by copyright: “une personne morale ne peut avoir la qualité d’auteur. [read post]
16 Dec 2015, 9:26 am
During employment, an employee is subject to a general obligation of confidentiality and breach may be subject to civil and criminal sanctions. [read post]
24 Nov 2015, 12:38 pm
High on the list of opinions that got it right is the Second Circuit’s Zyprexa decision, UFCW Local 1776 & Participating Health & Welfare Fund v. [read post]
23 Nov 2015, 5:12 pm
Perhaps the leading decision thus far is one from the Second Circuit applying New York law, Indian Harbor Ins. [read post]
21 Nov 2015, 6:44 am
Circuits have held – or whether the exception can be invoked any time the underlying claim is premised on a fraud theory – as the Second and Tenth Circuits have held. [read post]
15 Nov 2015, 7:48 pm
”Second, although the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. [read post]
10 Nov 2015, 8:00 pm
New Hampshire Right to Life v. [read post]
5 Nov 2015, 4:43 am
Evan Lee covered the oral argument for this blog, while Jess Bravin of The Wall Street Journal reports on how the argument reflected the “competing approaches to statutory interpretation” espoused by Justice Antonin Scalia and Chief Judge Robert Katzmann of the Second Circuit, who wrote the lower court opinion. [read post]
2 Nov 2015, 6:14 pm
” The answer, as it turns out, is likely to resolve a circuit split, as the Fifth, Sixth, and Seventh Circuits are lining up with the Ninth Circuit’s approach, while the Second, Third, and Fourth Circuits have generally disagreed and have required an actual, concrete injury to have standing. [read post]
4 Oct 2015, 12:30 am
He has testified before the Senate Judiciary Committee, where he criticized then-Supreme Court nominee Sonia Sotomayor for her vote in a post-Kelo eminent domain case while she was a judge on the Second Circuit. [read post]
2 Oct 2015, 12:27 pm
Court of Appeals for the 5th Circuit disagreed, holding that the Moroccan system was good enough. [read post]
30 Sep 2015, 4:20 pm
The Second Circuit Court of Appeals has made similar findings. [read post]
