7/23/18
By: Bill Buechner
In Bostock v. Clayton Co. Bd of Comm’rs, 723 F. App’x 964 (11th Cir. 2018), the Eleventh Circuit again held that Title VII does not prohibit discrimination on the basis of sexual orientation. In doing …
7/23/18
By: Bill Buechner
In Bostock v. Clayton Co. Bd of Comm’rs, 723 F. App’x 964 (11th Cir. 2018), the Eleventh Circuit again held that Title VII does not prohibit discrimination on the basis of sexual orientation. In doing …
DOJ Fails to Challenge 5th Circuit Ruling Striking Fiduciary Rule
5/3/18
By: Theodore C. Peters
On March 15, 2018, the Fifth Circuit Court of Appeal stuck down the “fiduciary rule” proposed by the Department of Labor (DOL), which required brokers to act in the best interests of their clients in retirement …
4/10/18
By: Rebecca J. Smith
The U.S. Court of Appeals for the 9th Circuit, which heard the case of Rizo v. Fresno County Office of Education en banc last year, has changed the 9th Circuit’s position and found that …
3/1/18
By: Bill Buechner
The Second Circuit which covers New York, Connecticut and Vermont, has issued an en banc decision holding that Title VII prohibits discrimination on the basis of sexual orientation. Zarda v. Altitude Express, 2018 U.S. U.S. App. …
En Banc Eleventh Circuit Decision May Substantially Undermine Judicial Estoppel Defense
11/17/17
By: William H. Buechner, Jr.
A decision recently issued by the Eleventh Circuit sitting en banc may substantially undermine the judicial estoppel defense in employment cases.
A judicial estoppel defense may arise in many contexts, but the most common scenario …