Recent Articles

Lydia Mendoza, the Queen of Tejano

November 20, 2008 15:07

Nothing to report today, so enjoy a clip of the incomparable Lydia Mendoza!!

Carson v. Cudd Pressure Control, Inc., No. 07-6199 (10th Cir. Oct. 18, 2008)

November 19, 2008 21:14

Post Federal Express Corp. v. Holowecki, 128 S. Ct.1147 (2008), here's one of the first decisions (albeit unpublished) applying the Supreme Court's newly-minted standard for defining what is meant by a "charge" for purposes of meeting the 180/300-day filing deadline.

Stover v. Hattiesburg Public Schools, No. 07-60419 (5th Cir. Oct. 18, 2008); Saunders v. Wal-Mart Stores, Inc., No. 08-10761 (11th Cir. Oct. 18, 2008)

November 19, 2008 02:08

Two juries returned employment discrimination verdicts for the employer, and in one case the judge even awarded fees to the defendant under Title VII.  The verdicts are affirmed by the Fifth and Eleventh Circuits over various claims of error.  But, in the realm of tiny...

Ziskie v. Mineta, No. 06-2060 (4th Cir. Nov. 14, 2008); Alleyne v. American Airlines, No. 07-1386 (2d Cir. Nov. 17, 2008); Washington v. M. Hanna Construction Co., No. 08-20351 (5th Cir. Nov. 14, 2008)

November 17, 2008 16:38

Rough way to start the week:  Winning ugly in a Title VII appeal in the Fourth Circuit, a blown limitations period in the Second Circuit, and a flubbed amendment to a Title VII complaint in an unpublished Fifth Circuit order.

Sampath v. Concurrent Tech Corp., No. 08-2370 (3d Cir. Nov. 13, 2008); Rund v. Charter Communications, Inc., No. 07-15595 (9th Cir. Nov. 14, 2008); Montgomery v. Chao, No. 07-5255 (D.C. Cir. Nov. 13, 2008)

November 14, 2008 20:27

Welcome to the sad, week-ending cavalcade of the hobbled and lame:  three decisions (two unpublished) affirming summary judgment, none showing a glimmer of life on appeal.

EEOC vs. General Motors Corp., No. 07-60886 (5th Cir. Nov. 12, 2008); Ladner vs. Hancock Medical Center, No. 07-60802 (5th Cir. Nov. 12, 2008)

November 13, 2008 16:57

The Fifth Circuit issues two employee-friendly decisions -- one under Title VII, the other under the FMLA -- both on the same day, and who knew?  In an act of judicial humility, they went unpublished.

Lightner v. City of Wilmington, No. 07-1442 (4th Cir. Nov. 3, 2008); Andonissamy v. Hewlett-Packard Co., No. 07-2387 (7th Cir. Nov. 7, 2008)

November 07, 2008 18:41

My regrets about the long delay between entries -- a raft of depositions and a presidential election intervened.  In the hopes of making things up, here are two Title VII cases from this week, both defense wins and both with opinions that simply could not mean what they say (at...

Leister v. Dovetail, Inc., No. 07-2242 (7th Cir. Oct. 23, 2008)

October 23, 2008 16:05

Lightning strikes twice! For the second day in a row, Judge Richard Posner writes a decision affirming a judgment for an ERISA participant, and this time remands the plaintiff back for more relief on her cross-appeal. (And look for my editorial at the end of the post.)

Orth v. Wisconsin State Employees Union, Council 24, No. 07-2778 (7th Cir. Oct. 22, 2008)

October 22, 2008 18:38

The case goes to show that to steal from the elderly, you don't have to lurk around the local check-cashing store with a lead pipe. In this Seventh Circuit ERISA case, a union and employer pulled a fast one on retirees by stealthily raising their contributions to their own...

Allen v. Highlands Hospital Corp., No. 07-6414 (6th Cir. Oct. 21, 2008)

October 22, 2008 03:18

An ADEA disparate impact claim comes to grief in the Sixth Circuit.