On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens v. Circassia Pharmaceuticals, Inc., the court affirmed summary judgment
Articles Discussing The Work Of Practicing Labor And Employment Law.
Employment Litigation: Perspectives from the ‘Other Side”
In this episode, Jen chats with Tim Del Castillo, a respected litigator who represents both employers and employees. Jen and Tim offer practical guidance on the most common employer mistakes and how to stay out of court.
Federal Court: Employee’s Self-Serving Testimony and Discovery Responses Did Not Satisfy Burden of Proof on Summary Judgment
In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own speculative beliefs and personal disagreement with his employer’s legitimate business reason for terminating his employment.
Parties, Start Your Engines: Snap Removals and Defeating Incomplete Diversity
In what is known as a “snap” removal, a non-resident defendant may be able to remove a state court case to federal court based on diversity jurisdiction, despite resident defendant(s) being named in the suit. To effect a snap removal, the non-resident defendant must file removal papers before the
“No Concrete Harm, No Standing”: The Supreme Court Reinforces the Requirement for Injury-in-Fact Even for Violations of Federal Statutes
On June 25, 2021, the U.S. Supreme Court issued its opinion in Ramirez v. Trans Union, holding that the 8,185 class members had Art. III standing for some but not all of their claims under the Fair Credit Reporting Act (FCRA). Relying largely on its opinion in Spokeo v.
Beyond E-Discovery: The Ethical & Legal Use Of Machine Learning Technologies
In contemporary litigation, “machine learning” and “predictive analytics” are phrases that are typically used in the context of e-discovery. However, as these technologies grow and evolve, so too will their application and utility in employment decisions and legal proceedings. At Jackson Lewis, we are committed to remaining at the forefront
Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims
The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) cannot be subject to contractually
Court Excludes EEOC Determination Letter That Contained Factual Inaccuracies and Conclusions of Law.
Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial. In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC) determination letter because its probative value was outweighed by its prejudice. No. 19-446-WBV-DPC (E.D. La. Dec.
Emotional Support Animals on the Witness Stand?
The Pennsylvania Supreme Court has agreed to hear an appeal on the issue of whether a witness may have an emotional support animal present while testifying at trial.
In Commonwealth v. Purnell, the Superior Court of Pennsylvania upheld a trial court’s ruling that an autistic minor witness could have a
President Trump Nominates Amy Coney Barrett to U.S. Supreme Court
In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump has nominated the Honorable Amy Coney Barrett, who sits on the federal U.S. Court of Appeals for the Seventh Circuit, to the U.S. Supreme Court. A conservative jurist and self-described “originalist” and “textualist,” Barrett previously clerked for the late-Justice Antonin Scalia of the U.S. Supreme Court.
A Closer Look at Trump’s Latest SCOTUS Nominee: Judge Amy Coney Barrett
On Saturday, September 26, President Trump nominated Judge Amy Coney Barrett to fill the vacancy on the bench occasioned by the death of Justice Ruth Bader Ginsburg. Barrett, who sits on the U.S. Court of Appeals for the Seventh Circuit, has only served as a federal judge since 2017,
Jury Trials – Part 3 – Jury Trials During and Post-COVID
In this third of a three-part series, Littler Los Angeles Shareholder and trial attorney Helene Wasserman interviews Dr. Dan Gallipeau, co-founder and President of Dispute Dynamics, a nationally-recognized jury consulting firm, about what a jury trial is likely to look like in our safety-conscious and socially-distanced COVID era.
Jury Trials – Part 1 – Jury De-Selection During and Post-COVID
In this first of a three-part series, Littler Los Angeles Shareholder and trial attorney Helene Wasserman interviews Dr. Dan Gallipeau, co-founder and President of Dispute Dynamics, a nationally-recognized jury consulting firm, about how jurors have changed in this COVID era, and what trial attorneys should consider when selecting juries during, and after, COVID.
A Game of Venue Ping Pong Ended by the 7th Circuit Based on a Forum-Selection Clause
Employment claims brought by a former claims adjuster were batted back and forth from California state court to Indiana federal court and nearly back again before the U.S. Court of Appeals for the 7th Circuit stepped in. On August 3, 2020, the 7th Circuit held the forum selection clause between
Federal Court Rejects Request for In-Person Deposition in Trade Secret Case
With the COVID-19 pandemic still ongoing throughout the United States, lawyers have had to come up with creative solutions to complete discovery, particularly when it comes to taking depositions.