• Cullen and Dykman LLP Blogs

  • Archives

  • Blog Title: Commercial Litigation

    NY Attorney General Launches Antitrust Investigation Into Maker of EpiPen

    New York Attorney General Eric Schneiderman recently announced that his office would commence an investigation into Mylan Pharmaceuticals (“Mylan”). Mylan, an American global generic and specialty pharmaceutical company, is the maker of the EpiPen, an epinephrine auto-injector used to treat severe allergic reactions, like anaphylaxis, to insect stings, foods, drugs, and other allergens. Mylan’s EpiPen4Schools […]

    Colleges Placed at the Mercy of the States They Are In: How State Laws Can Strip Host Cities of NCAA Tournament Games and Affect Athletic Programs

    Every year colleges and universities bid to host National Collegiate Athletic Association (“NCAA”) tournament games. Hosting these games attracts incoming students, boosts school pride, increases alumni contributions, and provides free marketing and advertising for the host college on a national scale. A recent NCAA decision, however, should put colleges on notice that the laws of […]

    NCAA Faces New Class-Action Concussion-Related Lawsuits

    The National Collegiate Athletic Association (“NCAA”) was hit with seven new concussion-related class action lawsuits on August 31, 2016. The new lawsuits increase the total number of lawsuits filed since May 2016 to 22 across the country. The latest cases have all been filed and are pending in the U.S. District Court for the Southern […]

    EEOC Issues Final Enforcement Guidance on Retaliation Claims

    In the past few years, there has been an unprecedented increase in the number of workplace related claims filed against employers. Interestingly, retaliation-based claims are among the most commonly filed complaints by employees. According to Jenny R. Yang, the Chair of the Equal Employment Opportunity Commission (“EEOC”), “[r]etaliation is asserted in nearly 45 percent of […]

    U.S. Supreme Court Blocks Order Allowing Transgender Restroom Choice

    On August 3, 2016, amidst national debate over transgender rights, the United States Supreme Court temporarily blocked a court order that had allowed a transgender student to use the boys’ restrooms in a Virginia high school. Gavin Grimm, who was born female but identifies as a male, is scheduled to commence his senior year at […]

    Seventh Circuit: Title VII Does Not Cover Sexual-Orientation Discrimination

    The Seventh Circuit Court of Appeals, in a decision on July 26, 2016, held that Title VII, a chapter of the federal Civil Rights Act of 1964 that protects employees from being discriminated against based upon race, sex, religion and national origin, does not protect employees against discrimination based upon sexual orientation. In Hively v. […]

    Supreme Court Upholds University of Texas Race-Conscious Admissions Program

    In a long-awaited decision, the Supreme Court recently furnished a victory for affirmative action admissions programs. The 4-3 decision in Fisher v. University of Texas at Austin, written by Justice Kennedy, declared that the University of Texas at Austin’s race conscious admission program passes strict scrutiny. By way of background, affirmative action programs are governed by […]

    Federal Judge Dismisses Defamation Suit Against Rolling Stone After Discredited University of Virginia Profile

    A New York federal judge recently granted a motion to dismiss a defamation lawsuit against Rolling Stone magazine, its publisher Wenner Media, and journalist Sabrina Rubin Erdely. Three former University of Virginia (“UVA”) fraternity members, George Elias, IV, Stephen Hadford, and Ross Fowler brought the lawsuit alleging that Rolling Stone’s publication of an article titled […]

    Fifth Circuit Expands EEOC’s Ability to Bring Pattern or Practice Discrimination Claims

    In a decision that grants the Equal Employment Opportunity Corporation (“EEOC”) broader discretion to bring pattern or practice discrimination claims against employers, the Fifth Circuit recently held that, at least in that circuit, the EEOC may bring such a claim under Section 706 of Title VII of the 1964 Civil Rights Act. The case, EEOC […]

    Former Yale Basketball Captain Sues University Over Sexual Misconduct Expulsion

    Jack Montague, who was expelled from Yale University earlier this year following his involvement in an alleged sexual assault, recently filed a lawsuit against the University for allegedly mishandling the investigation and his expulsion. The lawsuit names Yale, Angela Gleason, then-Deputy Title IX Coordinator in the Office of the Provost, and Jason Killheffer, then-senior deputy […]