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  • Monthly Archives: June 2015

    Second Circuit to Decide Rule 68 Offers’ Application to Class Actions

    Rule 68 of the Federal Rules of Civil Procedure (“Rule 68”) and its application to class actions pursuant to Rule 23 of the Federal Rules of Civil Procedure have become a hot topic in recent news. In addition to the Supreme Court granting certiorari in Campbell-Ewald v. Gomez, No. 13-55486, the Second Circuit is hearing […]


    On December 15, 2005, Ms. Smith was found dead in her home after suffering a massive blow to the head from a fireplace log roller. Her husband, Mr. Smith, was later charged and found guilty of first-degree murder. Before the end of the trial, the prosecution asked for and received an aiding-and-abetting instruction. This permitted […]

    Military Adds Sexual Orientation to its Non-discrimination Policy

    Earlier this week, Defense Secretary, Ash Carter, added sexual orientation to the list of non-discrimination protections under the military’s equal opportunity program, putting it in the same category as discrimination based on race, religion, color, age and sex. This update gives U.S. military troops a broader range of choices in pursuing complaints if they believe […]

    Teacher Fired Over Racist Facebook Post

    In the age of social media, many people post their opinions on sites, such as Facebook, without carefully considering the possible consequences and resulting backlash. For example, Karen Fitzgibbons, a teacher at the Frenship Independent School District, posted on Facebook that “the blacks are the ones causing the problems and this ‘racial tension,’” adding that […]

    U.S. Supreme Court to Address Limits on Class Action Litigation in Tyson Foods Case

    Earlier this week the Supreme Court granted review in Tyson Foods, Inc. v. Bouaphakeo, a case that is likely to have a significant effect on the survival of class action litigation in a post-Dukes world. By way of brief background, under Federal Rule of Civil Procedure 23, class certification may be granted where “questions of law […]

    The Supreme Court Imposes a Higher Burden under Federal Law for Prosecuting Social Media Threats

    With the instantaneous nature of the Internet, disgruntled users can unleash a barrage of threatening messages all while hiding behind their own computer screens. Consequently, with the Supreme Court’s recent ruling in Elonis v. United States, victims of these cyber-attacks may be left without much recourse. On June 1, 2015, the Court rendered its long […]

    Penn State Accused of Ignoring Fraternity Sexual Assault Claims

    Earlier this week, a former Penn State student, James Vivenzio, filed a lawsuit accusing the institution of ignoring his complaints about sexual assault, hazing and drug use in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq., (“Title IX”). Under Title IX, upon notice of a claim of […]

    Supreme Court Rules Against Abercrombie & Fitch in Religious Discrimination Case

    In a previous blog post we discussed the facts, and potential consequences of a pro-plaintiff holding in Equal Employment Opportunity Commission v. Abercrombie & Fitch Store, Inc. As a brief recap, in 2008, Samantha Elauf, a practicing Muslim, arrived to her interview at Abercrombie & Fitch Stores, Inc. (“Abercrombie”) wearing a headscarf, also known as […]

    Second Circuit Revives Fair Housing Disability Bias Suit

    In a very significant move, earlier this week the U.S. Court of Appeals for the Second Circuit (the “Second Circuit”) reinstated a Fair Housing Act (“FHA”) lawsuit and held that there was sufficient evidence to defeat summary judgment in a case of a couple who was allegedly denied a lease renewal based on the disability […]

    Class Action Notification and Social Media

    Social media has altered the very fabric of society, including class and collective action litigation. Just this last April, the Southern District of New York approved a proposal to provide class action notification to potential claimants via social media. In Mark v. Gawker Media LLC, former interns of the blog site Gawker Media LCC (“Gawker”) […]