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Contribution, Indemnification or Contract
November 01, 2003
Faced with hefty legal bills, damage awards, or settlements as a result of discrimination or harassment claims, employers have attempted to recover costs from third parties whom they perceive as causing or sharing responsibility for the problem. To this end, employers have sued unions and even their own employees in an effort to spread the financial responsibility. The theories behind such suits, and their results, have been mixed.
National Litigation Hotline
November 01, 2003
Recent rulings of interest to your practice.
Recent Developments from Around the States
November 01, 2003
National rulings of interest to you and your practice.
Supreme Court Clarifies Standard of Proof for Mixed-Motive Discrimination Cases
November 01, 2003
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.
November issue in PDF format
October 31, 2003
Hostile Environment As Form of Retaliation
October 31, 2003
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?
October issue in PDF format
October 30, 2003
Letter from the Editor
October 28, 2003
A "hello" from our new Editor-in-Chief, Elizabeth Anne "Betiayn" Tursi.
Quiz of the Month
October 27, 2003
Test your knowledge of the law!
The Application of the USA Patriot Act to Private Equity Funds
October 24, 2003
Part one of this article discussed the temporary exemption to the Patriot Act for investment companies and the proposed rule for unregistered investment…

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