Epic System Decision
The United State Supreme Court just made it easier for employers to compel its employees to arbitrate claims. On May 21, the Supreme Court issues its decision in Epic Systems Corp. v. Lewis, in which it held class action waivers in arbitration agreements between employers and employees do not violate the National Labor Relations...
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Jury Verdict – Sexual Harassment
Juries are sending a strong message on sexual harassment in the #Metoo era. On March 6, 2018, a Southern District of New York jury awarded a woman $13.4 million for suffering sexual harassment when she worked at a sugar refinery plaint in Yonkers, New York.
As part of this...
The Second Circuit has finally answered the question of whether Title VII of the Civil Rights Act of 1964 protects against sexual orientation-based discrimination
In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit held Title VII does in fact protect against this form of discrimination.
Here is some background about the case.
The Plaintiff is Donald Zarda, a gay male skydiving instructor. He brought a sex discrimination claim under Title VII after Altitude Express fired...
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Rule 68
What are the consequences of an unaccepted off of judgment?
In Tansai v. New Alliance Bank, the Second Circuit definitively addressed the issue of whether an unaccepted Rule 68 offer of judgment moots a case. Tansai v. New Alliance Bank, 2015 U.S. App. LEXIS 7932 (2d Cir. 2015).
After recognizing that courts of appeal are split...
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