US Supreme Court Watch
Note: The United States Supreme Court is in recess until October 3, 2016.
Pending cases at the US Supreme Court
- McLane Co. v. EEOC - Whether a district court’s decision to quash or enforce an EEOC subpoena should be reviewed de novo, which only the Ninth Circuit does, or should be reviewed deferentially, which eight other circuits do, consistent with this Court’s precedents concerning the choice of standards of review. [Opinion below] [Supreme Court Briefs]
- NLRB v. SW General Inc - Whether the President's appointment of an NLRB Acting General Counsel violated the Federal Vacancies Reform Act. Oral argument November 7, 2016. [Opinion below] [Supreme Court Briefs] [Blog]
- Czyzewski v. Jevic Holding Corporation - Whether a bankruptcy court may authorize the distribution of settlement proceeds in a manner that violates the statutory priority scheme (which would have preferred wage claims). Oral argument to be scheduled for Fall 2016. [Opinion below] [Supreme Court Briefs] [Blog]
Employment law decisions: 2015-2016 session
- Dollar General Corporation v. Mississippi Band of Choctaw Indians - The Court split 4-4, thus affirming the 5th Circuit's judgment that an Indian tribal court has jurisdiction over an intern's claim that the manager of a store on tribal land sexually molested him while he was working there. June 23, 2016.
- Encino Motorcars, LLC v. Navarro - Court gives no deference to Department of Labor's rule regarding exempting “service advisors” at car dealerships from the Fair Labor Standards Act's overtime-pay requirements. June 20, 2016. [Blog]
- Green v. Brennan - For federal employees, the filing period for a constructive discharge claim begins to run when an employee resigns, not at the time of an employer’s last allegedly discriminatory act giving rise to the resignation. May 23, 2016.
- CRST Van Expedited, Inc. v. EEOC - A favorable ruling "on the merits" is not a necessary predicate to find that a defendant in a Title VII case has prevailed for purposes of being awarded attorney’s fees. The Court gave no opinion on whether a defendant must obtain a preclusive judgment in order to prevail. May 19, 2016. [Blog] [SCOTUSblog Opinion analysis: Title VII defendants can recover attorney’s fees without prevailing “on the merits”]
- Heffernan v. City of Paterson - The First Amendment bars the government from demoting a public employee based on a supervisor's perception that the employee supports a political candidate. April 26, 2016. [Blog]
- Friedrichs v. California Teachers Association - The Court split 4-4, thus affirming the 9th Circuit decision which followed Abood v. Detroit Board of Education. Public-sector “agency shop” arrangements do not violate the First Amendment. The 4-4 decision does not set a precedent, so the issue can return to the Court in a later case. March 29, 2016. [Blog]
- Tyson Foods, Inc. v. Bouaphakeo - A class or collective action can be certified where liability and damages will be determined with statistical techniques that presume all class members are identical to the average observed in a sample, and the class contains members who were not injured. March 22, 2016. [Blog]
- Gobeille v. Liberty Mutual Insurance Company - ERISA preempts a Vermont statute that requires health insurers to report payments and other information relating to health care services to a state agency for compilation in an all-inclusive health care database. March 1, 2016. [Blog]
- Campbell-Ewald Company v. Gomez - An unaccepted Rule 68 offer that would fully satisfy an individual plaintiff's claim does not moot that claim, and also does not moot a class action. January 20, 2016. [Blog]
- Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan - When an ERISA-plan participant wholly dissipates a third-party settlement on non traceable items, the plan fiduciary may not bring suit to attach the participant's separate assets under ERISA Section 502(a)(3). January 20, 2016.