Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Recent Developments from Around the States

ALM Staff & Law Journal Newsletters

National rulings of interest to you and your practice.

Features

Supreme Court Clarifies Standard of Proof for Mixed-Motive Discrimination Cases

Robert P. Lewis

At the conclusion of its most recent 2002-2003 term, the U.S. Supreme Court issued a decision clarifying plaintiffs' standard of proof in "mixed-motive" employment discrimination cases under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. In <i>Desert Palace, Inc. v. Costa</i>, the Court held that a plaintiff is required to prove by direct evidence that an unlawful factor was a "motivating factor" in the challenged adverse employment action. Instead, a plaintiff can prove his or her discrimination claim in a mixed-motive case by circumstantial evidence. As a result of this decision, defendants will find it more difficult to obtain summary judgment dismissing mixed-motive discrimination cases prior to trial, the result of which will be that more such cases will be subjected to the uncertainties of jury trials.

Features

Hostile Environment As Form of Retaliation

ALM Staff & Law Journal Newsletters

Can the creation of a hostile environment suffice as an adverse employment action in a retaliation claim under Title VII and in similar state and city actions?

Features

Letter from the Editor

ALM Staff & Law Journal Newsletters

A "hello" from our new Editor-in-Chief, Elizabeth Anne "Betiayn" Tursi.

Quiz of the Month

ALM Staff & Law Journal Newsletters

Test your knowledge of the law!

Cameo Clips

ALM Staff & Law Journal Newsletters

Copyright Jurisdiction/ Television Licenses&nbsp;The issue of whether a TV programming license was properly terminated is to be decided by a state, rather…

Quiz of the Month

ALM Staff & Law Journal Newsletters

Test your knowledge of the law!

Quiz of the Month

ALM Staff & Law Journal Newsletters

Test your knowledge of the law!

Features

CA Governor Signs Harshest Anti-Spam Bill in U.S.

Steven Salkin, Esq.

He may be voted out of office soon, but California Governor Gray Davis is making his mark in the Internet world before he goes. On September 23, Davis signed what to date is the toughest anti-spam bill in the U.S.

Features

Non-Prescription Drug Ad Restructions Eased in UK

ALM Staff & Law Journal Newsletters

The latest from the UK.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
    Read More ›
  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
    Read More ›