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  • Blog Title: Federal Practice

    NFL Deflategate Suit: Paving The Way For Forum Shopping in Federal Court

    When a plaintiff decides to bring a lawsuit, one of the most crucial decisions he has to make is which judicial forum the case should be brought in. Many people only distinguish between state and federal courts. However, significant differences exist between the federal courts themselves. These differences can affect not only the parties’ litigation […]

    Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

    Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the NCAA to prohibit colleges from compensating athletes for the commercial use of their names, images and likenesses.  The stay […]

    U.S. Supreme Court Set to Rehear University of Texas Affirmative Action Case

    Recently, the U.S. Supreme Court announced it would revisit Fisher v. Texas, the affirmative action case it initially heard in 2013.  The first time it heard the case, the Court remanded the case to the lower court to determine the issue of whether the University of Texas’ affirmative action program was constitutional.  Now, after the […]

    Second Circuit Rejects Ledbetter Application to Job Bias Cases

    In a recent case, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) narrowed the scope of extended time limits offered by the Lilly Ledbetter Pay Fairness Act of 2009 (the “Ledbetter Act”). By way of brief background, in Davis v. Bombardier Transportation Holdings (USA), Natasha Davis sued her employer alleging that she […]

    Wal-Mart Accused of Gender-Discrimination Because of Anti-Gay Insurance Policies

    In Cote v. Wal-Mart Stores, Wal-Mart is facing the possibility of a class action suit from a former employee who claims that the company’s denial of healthcare benefits to her same-sex spouse amounts to sex discrimination. The suit was filed by Gay & Lesbian Advocates & Defenders (GLAD) and the Washington Lawyers’ Committee for Civil […]

    UPS Faces Unlawful Religious Discrimination Charges for Violating Title VII

    On July 15, 2015, the Equal Employment Opportunity Commission (“EEOC” or the “Commission”) filed a complaint, EEOC v. United Parcel Service; Civil Action No. 1:15-cv-04141, in the Eastern District of New York against United Parcel Service, Inc. (“UPS”), the country’s leading package delivery service, for purportedly violating its employees’ religious rights. In the recently filed […]

    The Sixth Circuit Finds Complaints to Harassing Supervisor Constitute Protected Activity Under Title VII

    A recent U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”) decision could have major implications for employers within its jurisdiction. In EEOC v. New Breed Logistics, No. 13-6250, 2015 U.S. App. LEXIS 6650, the court declined to reconsider a holding that “a demand that a supervisor cease his/her harassing conduct constitutes protected activity […]

    With Its Decision in Glebe v. Frost, The Supreme Court States That Even When A Conviction Is Fundamentally Flawed, Habeas Corpus Relief May Be Denied

    In April 2013, over the course of eleven days, Joshua James Frost and two associates committed a series of armed robberies in Washington State. Frost was charged with: (1) robbery and related offenses and (2) participating as an accomplice. During closing arguments, Frost’s lawyer requested to argue both: (a) that the prosecution failed to prove […]

    Data Breach Decisions Setting A Higher Threshold For Standing For Plaintiffs Do Not Mean Businesses Are Off The Hook

    There are only two types of companies left in the United States:  those that have been hacked and those that will be hacked. In the last year alone, forty-three percent (43%) of U.S. companies experienced a data breach, resulting in the misappropriation of millions of individuals’ personal and financial information. As this number continues to […]

    Second Circuit Rules That Federal Court Retains Subject Matter Jurisdiction even after Class Action Removal

    In a recent case, the Second Circuit Court of Appeals (“Second Circuit”) held that even after a plaintiff amends a complaint to remove class action allegations, a federal court retains subject matter jurisdiction over a case that had previously been removed under the Class Action Fairness Act (“CAFA”). By way of brief background, in In […]