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EMPLOYMENT 

Published: June 30, 2010
Tags: EEOC, Equal Employment Opportunity Commission, retaliation, Title VII

Does Title VII’s retaliation provision cover an employee who did not personally engage in protected activity, but who claims his employer retaliated against him solely because of his association with another employee who engaged in protected activity?

IMMIGRATION 

Published: June 29, 2010
Tags: E-verify, immigration, undocumented workers

Is an Arizona statute that imposes sanctions on employers who hire undocumented workers and requires that employers use the federal E-Verify database for checking work authorization constitutional?

See “Supreme Court agrees to review Arizona immigration law“

SECURITIES FRAUD 

Published: June 28, 2010
Tags: Securities Exchange Act, securities fraud

Is a parent company liable under federal securities law for violations committed by a wholly-owned subsidiary?

See “Court to consider parent company’s securities liability”

Janus Capital Group v. First Derivative Traders, No. 09-525.  Certiorari granted June 28, 2010. Ruling below: 566 F.3d 111 (4th Cir. 2009).

ERISA 

Published: June 28, 2010
Tags: cash balance pension plan, ERISA, retirement benefits

Does a U.S. District Court have the authority to require employees’ prior benefit provisions to be reinstated after finding that the employer violated the advance notice of reduction requirement of ERISA? Does the court have the authority to require at least “comparable” future benefits to be provided based on a finding that participants were promised “comparable” or “larger” future retirement benefits?

SENTENCING GUIDELINES 

Published: June 28, 2010
Tags: criminal, sentencing guidelines

May a district court consider post-sentencing rehabilitation as a factor in determining whether to lower a prison sentence under federal sentencing guidelines?

See “Court to rule in sentence reduction case“

Pepper v. U.S., No. 08-1196.  Certiorari granted June 28, 2010. Ruling below: 570 F.3d 958 (8th Cir. 2009).

CONSUMER PROTECTION 

Published: June 21, 2010
Tags: class action, consumer protection, Regulation Z, Truth in Lending Act

Does Regulation Z require a credit card issuer to provide change-in-terms notice before increasing the interest rate?

See “Court to rule in TILA case.”

Chase Bank USA v. McCoy, No. 09-329. Certiorari granted June 21, 2010. Ruling below: 559 F.3d 963 (9th Cir. 2009).

SECURITIES FRAUD 

Published: June 14, 2010

Can a plaintiff state a claim under §10(b) of the Securities Exchange Act and Rule 10b-5 based on the nondisclosure of statistically insignificant “adverse event” reports by a pharmaceutical company?

Matrixx Initiatives, Inc. v. Siracusano, No. 09-1156. Certiorari granted: June 14, 2010. Ruling below: 585 F.3d 1167 (9th Cir. 2009).

HABEAS CORPUS 

Published: June 14, 2010

May a federal court rule on the reasonableness of a state court’s rejection of a habeas claim based on facts not presented at trial?

Cullen v. Pinholster, No. 09-1088. Certiorari granted: June 14, 2010. Ruling below: 590 F.3d 651 (9th Cir. 2009).

TAXATION 

Published: June 14, 2010

Does a state tax that exempts other carriers but not railroads “discriminate against a rail carrier” under the Railroad Revitalization and Regulatory Reform Act?

CSX Transportation, Inc. v. Alabama Department of Revenue, No. 09-520. Certiorari granted: June 14, 2010. Ruling below: 350 Fed. Appx. 318  (11th Cir. 2009).

PRISONERS’ RIGHTS 

Published: June 14, 2010

Does a federal court have the authority to order a state to cut its prison population and provide medical and mental health care?

Schwarzenegger v. Plata, No. 09-1233. Certiorari granted: June 14, 2010. Ruling below: 560 F.3d 976 (9th Cir. 2009).