Legal Implications of the Supreme Court's Ruling on Universal Injunctions
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U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more
A reconstituted Federal Trade Commission (Commission) has asked the Fifth Circuit Court of Appeals to grant it a 60-day continuance to consider whether to drop the defense of its rule banning noncompetes. As previously...more
A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more
In another case that may not augur well for the CFPB staff, the Supreme Court is allowing the Trump Administration to continue dismantling the Education Department, lifting a court order that had required the rehiring of as...more
The New Jersey Appellate Division recently issued an important decision clarifying how claims brought under the Law Against Discrimination (LAD) interact with agency proceedings in employment matters. Specifically, it made...more
The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more
On June 26, 2025, the Puerto Rico Supreme Court (PRSC) issued an opinion in Méndez Ruiz v. Techno Plastics Industries, Inc., 216 D.P.R. ____, 2025 TSPR 68 (2025), determining whether the defendant had “just cause” under...more
The U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders continue to roll in. Most recently, on June 27, 2025, the D.C. Circuit upheld an NLRB ruling that George Washington University...more
Despite the National Labor Relations Board’s (“NLRB” or “Board”) continuing lack of quorum, federal courts of appeal have been busy reviewing its decisions....more
On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more
A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...more
Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more
While the National Labor Relations Board (“NLRB” or the “Board”) does not have a quorum, a pair of June 13, 2025 decisions by federal courts of appeal highlight key labor law issues under the National Labor Relations Act...more
On June 13, 2025, the D.C. Circuit refused to enforce an “irrational” Board order finding an employer violated its duty to bargain by declaring impasse. By declaring impasse, the employer sought to implement its last, best,...more
On June 5, 2025, in a unanimous ruling authored by Justice Ketanji Brown Jackson, the U.S. Supreme Court revived the employment discrimination claims of an Ohio woman who contends that she was the victim of “reverse...more
A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio...more
The U.S. Supreme Court recently weighed in on the contentious issue of reverse discrimination under Title VII of the Civil Rights Act of 1964, which bars disparate treatment of employees on the basis of race, color, religion,...more
In a unanimous opinion, the Supreme Court of the United States announced that Title VII’s protections against discrimination do not require majority group individuals (including white people, men, and heterosexuals) to...more
On June 5, 2025, a unanimous U.S. Supreme Court invalidated how some courts evaluated so-called “reverse discrimination” cases. In its decision, the Supreme Court held that a majority-group plaintiff need not show “background...more
In a unanimous decision issued June 5, 2025, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services vacated a Sixth Circuit ruling that imposed a higher evidentiary burden on majority-group plaintiffs in Title...more
On June 5, 2025, the Supreme Court in Ames v. Ohio Department of Youth Services unanimously struck down the Sixth Circuit’s “background circumstances” rule, which had required majority-group plaintiffs to meet a heightened...more
On June 2, 2025, the U.S. Supreme Court rejected the appeal of a Fifth Circuit Court of Appeals decision interpreting the limitations period for filing lawsuits under Section 1981 of the Civil Rights Act of 1866. ...more
On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more
In Williams v. Reed, 145 S. Ct. 465 (2025), the United States Supreme Court reversed an Alabama Supreme Court decision affirming the dismissal of plaintiffs’ Section 1983 claims for lack of jurisdiction, based on the...more
On May 14, 2025, the California Court of Appeal issued a decision in Rose v. Hobby Lobby Stores, Inc., addressing whether the California Labor and Workforce Development Agency (LWDA) can be held liable for an employer’s...more