Recently in Employment Law Category

In a Title VII action claiming that a city discriminated against white firefighter candidates for a promotion by discarding their test results based on a statistical racial disparity, summary judgment for Defendants is reversed where the city's action in discarding the tests violated Title VII, because a threshold showing of a significant statistical disparity is far from a strong basis in evidence that the city would have been liable under Title VII had it certified the test results.

Read Ricci v. DeStefano, No. 07-1428

Appellate Information

Argued April 22, 2009

Decided June 29, 2009

Judges

Justice Kennedy delivered the opinion of the Court.

Justice Scalia, concurring.

Justice Alito, concurring.

Justice Ginsburg, dissenting.

Counsel

For Petitioners:

Karen Lee Torre, Law Offices of Norman A. Pattis LLC, New Haven, CT

For Respondents:  

Christopher J. Meade, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC

Richard A. Roberts, Nuzzo & Roberts, L.L.C., One Town Center, Cheshire, CT

In an action based on Defendant's alleged refusal to pay maintenance and cure to Plaintiff for injuries he suffered while working on Defendant's tugboat, the District Court's order holding that punitive damages were available is affirmed where punitive damages for the willful and wanton disregard of the maintenance and cure obligation remain available as a matter of general maritime law.

Read Atlantic Sounding Co., Inc. v. Townsend, No. 08-214

Appellate Information

Argued March 2, 2009

Decided June 25, 2009

Justices

Thomas, J., delivered the opinion of the Court.

Alito, J., filed a dissenting opinion.

Counsel

David W. McCreadie, Lau Lane Pieper Conley & McCreadie, P.A., Tampa, FL

G.J. Rod Sullivan, Jacksonville, FL

In an Age Discrimination in Employment Act (ADEA) action claiming a wrongful demotion, judgment for Plaintiff is reversed where a plaintiff bringing an ADEA disparate-treatment claim must prove, by a preponderance of the evidence, that age was the "but-for" cause of the challenged adverse employment action.

Read the full decision in Gross v. FBL Fin. Servs., Inc., No. 08-441.

See the case docket.

Appellate Information:

On writ of certiorari to the United States Court of Appeals for the Eighth Circuit
Argued on March 31, 2009
Decided on June 18, 2009

Judges:

Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined.

Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined.

Breyer, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined.

Counsel:

For Petitioner - Eric Schnapper, University of Washington School of Law, Seattle, WA

For Respondent - Frank B. Harty, Nyemaster Goode P.C., Des Moines, IA