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Hiring & Firing › Article III › Appeals

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Orrick, Herrington & Sutcliffe LLP

Federal government appeals ruling of reinstating probationary employees

Orrick, Herrington & Sutcliffe LLP on

On March 17, the federal government filed an emergency motion in the U.S. Court of Appeals for the Fourth Circuit requesting a stay of a district court’s temporary restraining order (TRO). As previously covered by InfoBytes,...more

Troutman Pepper Locke

Calif. FCRA Ruling Boosts Technical Claim Defense

Troutman Pepper Locke on

A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more

Littler

Third Circuit Holds Individual Plaintiffs Lack Standing for Some Alleged Violations of the FCRA's Pre-Adverse Action Notice...

Littler on

On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling the question of...more

Littler

Eighth Circuit Holds Individual Plaintiff Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure...

Littler on

On September 6, 2018, in Auer v. Trans Union, LLC, the U.S. Court of Appeals for the Eighth Circuit joined the Seventh Circuit in holding that an individual plaintiff did not have constitutional standing to sue in federal...more

BCLP

Dutta: The Ninth Circuit Strikes Another Blow to FCRA Plaintiffs

BCLP on

On July 13, 2018, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment against a plaintiff that lacked Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. §...more

Fenwick & West LLP

Procedural FCRA Violation Without Harm is Insufficient for Standing, 9th Circuit Rules

Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held on July 13 that procedural violations of the Fair Credit Reporting Act without actual harm were insufficient to confer Article III standing. The court found in Dutta v....more

Littler

The Ninth Circuit Holds Plaintiff Lacked Standing for an Alleged Violation of the FCRA's "Pre-Adverse Action" Notice Provision

Littler on

Nationwide class action claims against employers under the federal Fair Credit Reporting Act (FCRA) are more common now than ever before. On July 13, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an opinion,...more

Goodwin

Spokeo Resurfaces: Ninth Circuit Holds FCRA Plaintiff Has Standing to Sue

Goodwin on

On August 15th, the Ninth Circuit issued its opinion in Robins v. Spokeo, finding that plaintiff Thomas Robins has standing to continue his Fair Credit Reporting Act (FCRA) suit against Spokeo, Inc. In its opinion, a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA)...more

Franczek P.C.

Taxpayer Suit Establishes that School Board Policies Have the Force of Law

Franczek P.C. on

On July 20, 2016, the Illinois Appellate Court reversed the decision of the circuit court in Veazey v. Rich Township High School District 227, et al. and sent the case back to the circuit court with instruction that Mr....more

Seyfarth Shaw LLP

Don’t Mess With Texas: EEOC’s Criminal Background Check Guidance Subject To Challenge

Seyfarth Shaw LLP on

On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more

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