» civil rights

Supreme Court summarily rejects heightened pleading requirement for civil rights plaintiffs

In Johnson v. City of Shelby, the entire Supreme Court recently addressed what is enough for civil rights plaintiffs to state a valid claim concerning alleged violations of constitutional rights. In a unanimous per curiam decision – meaning an opin… Read More

More retaliation plaintiffs have a right to a jury trial – of course, and it is about time!

Over a decade ago, and based on Article 1 of the Minnesota Constitution, the Minnesota Supreme Court ruled that whistleblowers have a right to a jury trial on their retaliation claims under Minnesota whistleblower law. Abraham v. Cnty. of Hennepin, 6… Read More

Vital victories for employees, but corporate power persists

In recent years, the National Labor Relations Board (“NLRB”) has rendered a number of courageous decisions that promote workplace fairness for both union and non-union employees. For example, the NLRB ruled that employers cannot retaliate against… Read More

Escalating legal action against domestic surveillance

The ongoing revelations about spying on United States citizens here at home as well as on the nation’s key allies abroad have caused a political uproar that has triggered, for example, the abrupt expulsion of the Central Intelligence Agency(“CIA�… Read More

The straw that broke the camel’s back

After the decision by the Supreme Court, Univ. of Tex. Southwestern Med. Ctr. v. Nassar, 133 S.Ct. 2517 (2013), many employer lawyers have argued that employees will now have great difficulty prevailing as to retaliation claims. Defense lawyers base… Read More

The revolution will not be televised

Although in slow motion, a revolution has come to light with the 60th anniversary of the landmark Supreme Court decision in Brown v. Board of Education, 347 U.S. 483 (1954). In Brown, a unanimous Supreme Court struck down the separate-but-equal doctr… Read More

Open season on democracy and the rule of law

The Supreme Court received intense criticism from many quarters after it decided Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). In that 5-4 decision, the Supreme Court sharply reduced the restrictions on political campaign contr… Read More

Strength in diversity and multi-faceted advocacy

Many labor, employment law, civil rights, and consumer protection advocates have become concerned about the evidently growing power of well-financed interests aligned against them. The dysfunction in Congress and elsewhere in Washington, D.C. has mad… Read More

Pursuit of medical leave claims may become more difficult

When the Supreme Court decided Ashcroft v. Iqbal, 556 U.S. 662 (2009), lawyers representing employers and other defendants declared that Federal Rule of Civil Procedure 8 had essentially been nullified. According to these employment and civil rights… Read More

A rare victory before the Supreme Court for consumers and the public interest

As has been discussed in prior postings here, the Supreme Court has typically decided matters before it in a way that favors corporations to the detriment of employees, civil rights, or consumer protection. In a case brought by the Attorney General o… Read More