Henry v. Wyeth Pharms., Inc., No. 08-1477, involved an action for racial discrimination and retaliation in violation of Title VII. The court of appeals affirmed judgment for defendants in part, on the ground that, although a reasonable juror could certainly have considered certain remarks by plaintiff's colleagues discriminatory, they had little probative value in the context of the case. However, the court vacated in part on the ground that the district court's instruction on causation was erroneous because a causal connection was sufficiently demonstrated if the agent who decides to impose the adverse action but is ignorant of the plaintiff's protected activity acts pursuant to encouragement by a superior (who has knowledge) to disfavor the plaintiff.
In US v. Gomez, No. 08-3829, the court vacated defendant's conviction for conspiracy to distribute and to possess with intent to distribute 3,4 Methylenedioxy-methamphetamine, holding that the government elicited from a detective inadmissible prejudicial hearsay testimony, which communicated to the jury that a co-conspirator identified defendant as his supplier.
Wu v. Holder, No. 09-2564, involved the government's motion to dismiss petitioner's petition for review of his order of removal based on the fugitive entitlement doctrine. The court ordered the motion held in abeyance on the ground that, in light of the considerations that informed the court's discretionary power to dismiss pursuant to the fugitive disentitlement doctrine, such a motion was more appropriately considered after the parties have fully briefed and argued the merits of the case.