Wednesday, February 27th, 2008

Employment-related Immunity

Two recent § 1983 opinions address immunities in employment areas. 
Licensing investigator: The 9th Circuit today held that an investigator for a state licensing board is not shielded from damages claims by absolute immunity.  The panel also held that business goodwill is a constitutionally protected property right that has been clearly established. 
Lantz v. Crate, 2008 WL _______ (9th Cir. Feb. 27, […]

Wednesday, February 27th, 2008

Exxon Valdez Oral Argument

Lyle Denniston at SCOTUSblog listened, and says:
If the Supreme Court voted immediately in the huge oil spill case heard on Wednesday, and voted the sentiments the Justices expressed throughout 90 minutes of oral argument, this might well be the outcome: Exxon Mobil Corp. and its shipping subsidiary may well have to pay some punitive damages, but […]

Wednesday, February 27th, 2008

U S Supreme Court: ADEA “Charge”

The Supreme Court has issued its opinion in the FedEx/Holowecki case on the definition of a “charge” under the Age Discrimination in Employment Act.   Employee wins; EEOC gets deference.  Kennedy writes; Thomas and Scalia dissent.  Commentary by Paul Mollica and Paul Secunda.