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The breakdown on that "transgender funeral home" decision
  • Constangy Brooks Smith & Prophete LLP
  • USA
  • March 16 2018

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too. Last week, a panel of the U.S. Court of Appeals for the

Religious Liberty v. Gender Identity - Sixth Circuit Grants Summary Judgment to EEOC in Transgender Discrimination Case
  • Bradley Arant Boult Cummings LLP
  • USA
  • March 14 2018

Like the recent proliferation of sexual harassment discussions in the workplace, issues concerning transgender employees are slowly but surely

The Sixth Circuit Sides With The EEOC’s Position On Scope Of Title VII Relative To Gender Identity
  • Seyfarth Shaw LLP
  • USA
  • March 8 2018

In EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a Sixth Circuit panel held in a unanimous decision that: (i) Title VII’s proscription of

Certifying a Settlement Class: What’s Good for the Goose Has to be Good for the Gander
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 8 2018

Late last month, in In re Hyundai & Kia Fuel Economy Litigation, 881 F.3d 679 (9th Cir. 2018) (Hyundai), a divided Ninth Circuit panel reversed the

Tenth Circuit Considers Federal 5-Year SOL: Does It Involve Separately Accruing Causes of Action Or A Continuing Violation
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • March 7 2018

On March 5, the U.S. Court of Appeals for the Tenth Circuit issued a ruling that the general federal five-year statute of limitations which is

Which Side Will Justice Gorsuch Fall On Public Sector Union Fees?
  • Barnes & Thornburg LLP
  • USA
  • March 5 2018

Last week, the U.S. Supreme Court heard the issue of whether public sector agency shop arrangements violate the First Amendment. Hearing this issue

The Scope Of IPR Petitioner Estoppel For Non-Petitioned Grounds Remains Uncertain
  • Jones Day
  • USA
  • March 2 2018

There is no doubt that “the potential for estoppel is one of the important considerations for defendants in deciding whether or not to file an inter

10th Circuit Reverses Grant of Summary Judgment on SOX Whistleblower Claim
  • Proskauer Rose LLP
  • USA
  • February 28 2018

On February 22, 2018, the Tenth Circuit Court of Appeals reversed a district court’s grant of summary judgment against a Plaintiff who claimed that

Federal Circuit affirms that Trex’s composite products do not infringe
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 28 2018

A unanimous Federal Circuit panel affirmed a district court ruling of non-infringement for Finnegan client Trex, in Nystrom v. Trex. Trex has the

Supreme Court Resolves Debate Over the Scope of the Dodd-Frank Whistleblower Protection Provisions
  • K&L Gates
  • USA
  • February 28 2018

The Supreme Court recently resolved a circuit split affecting employers subject to the anti-retaliation provisions set forth in Section 21F of the