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  • Monthly Archives: June 2011

    Supreme Court and “Cat’s Paw” Discrimination Under USERRA

    Staub v. Proctor Hospital, 131 S. Ct. 1186 (U.S. 2011) On March 1, 2001, the U.S. Supreme Court considered a cat’s paw case brought under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”).  In a “cat’s paw case” an employee seeks to hold his or her employer liable for the animus of a supervisor […]

    Supreme Court Limits the First Amendment’s Petition Clause

    Borough of Duryea, Pennsylvania, et al. v. Guarnieri, 2011 U.S. LEXIS 4564 (U.S. June 20, 2011). In an opinion decided on June 20, 2011, the Supreme Court ruled that a government employer’s alleged retaliation against an employee does not create liability under the First Amendment’s petition clause, unless the employee’s petition is about a “matter […]

    Second Circuit Rules that Football Managers are “Employees” under Title VII

    Summa v. Hofstra University, et al., No. CV-08-0361, (April 7, 2011) This Title VII employment discrimination case dealt with circumstances surrounding the harassment of an employee/student by another student. The Plaintiff, Lauren Summa (“Summa”), was a former undergraduate and graduate student at Hofstra University.  Summa was hired as the football manager for the 2006-2007 football […]

    Supreme Court Unanimously Rejects Class Action Status for Thousands

    In a much anticipated decision, the Supreme Court reversed the Ninth Circuit’s ruling granting the employees class action status.  In its decision, the Court relied on a procedural analysis and unanimously held that the certification was not consistent with the certification requirements of F.R.C.P. 23(b)(2)(a) because the plaintiffs sought monetary relief (back pay) which was […]

    What is Electronically Stored Information (“ESI”)?

    As part of  Cullen and Dykman’s new E-Discovery blog, we are happy to introduce our “What is…?” series. The series is intended to demystify some of the terminology, practices, and technology used to assess Electronic Discovery (“E-Discovery”) issues that arise during litigation. The series aims to provide the reader with essential information to increase their […]

    Second Circuit Revives Salesman’s Discrimination Claim

    O’Reilly v. Marina Dodge, Inc., No. 10-2977-CV (2d Cir. May 19, 2011) The Second Circuit recently vacated a district court’s grant of summary judgment to Marina Dodge in an employment discrimination case.  The case was remanded to the district court for a determination whether (1) the employer’s explanations for firing the Plaintiff, O’Reilly, were pretexual; or (2) if O’Reilly’s age […]

    The DOL’s Employee and Employer Services

    DOL – Timeshare Application for Employees The United States Department of Labor (the “DOL”) has recently released a new iPhone application called DOL – Timeshare.  According to the application’s product page on the Apple store, “[the application] is a timesheet to record the hours that you work and calculate the amount you may be owed […]