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Total Articles: 3

Disparate Impact and the Non-Traditional Plaintiff

At the start of the year, I noted that one thing that seemed to be a "trend" was litigation by non-minority plaintiffs. See, 2011 -- the Year of the Non-Minority?

Supreme Court Punts In "Me Too" Case.

The U.S. Supreme Court issued its decision in Sprint/United Management Co. v. Mendelsohn. This case raises the important issue of whether so-called "me too" evidence can be introduced in employment discrimination litigation. The high court failed to answer this question, however, deferring to district courts to evaluate whether the probative value of such evidence outweighs the prejudicial effect.

Supreme Court Issues Non-Decision on "Me Too" Evidence.

Today the Supreme Court delivered its opinion in Sprint v. Mendelsohn reinforcing its long standing rule that district courts are afforded wide discretion on evidentiary matters. Practitioners were disappointed that the Court provided little, if any, guidance on the substantive issue before it. Instead the decision focuses more on the deference that appellate courts must give to the decisions of lower federal district courts, and holds only that admission of "me too" evidence is fact based and "depends on many factors...."
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