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  • Blog Title: Federal Practice

    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 […]

    With the Supreme Court’s Decision in Carroll v. Carman, The Rear Doors of Your Property May Be Subject To Police

    It’s commonly said that “a man’s home is his castle.” However, today’s homes don’t have large stone walls, moats, or drawbridges; they no longer contain monstrous structures that draw definitive lines between the areas of the property that are private and those that are public. Without such definitive lines, a vital question arises: what entrances […]

    Obergefell Decision Opens The Door For Anti-Discrimination Litigation

    On June 26, 2015, on the second anniversary of United States v. Windsor, the United States Supreme Court, in a 5-4 decision, held that under the Fourteenth Amendment no state could deny same-sex couples the right to marry or fail to recognize same-sex marriages granted in other states. In the original Obergefell suit, James Obergefell […]

    With the Johnson Decision, The Supreme Court Says “Notice Pleading” Is Back And Here to Stay

    In Johnson v. City of Shelby, police officers for the city of Shelby (the “City”), brought suit against the City for violation of their Fourteenth Amendment due process rights. Specifically, they alleged that their employment was terminated “not for deficient performance, but because they brought to light criminal activities of one of the alderman.” The […]