Select Page

Employment Law-Title VII Does Not Extend to Third-Party Retaliation Claim by Fiancée of Discrimination Claimant-Thompson v. North American Stainless, LP , 567 F.3d 804 (6th Cir. 2009)

Section 704(a) of the Civil Rights Act of 1964 (Title VII) creates a cause of action for retaliation against claims of discrimination in the employment context.  To prevail in a Title VII retaliation claim, a plaintiff must prove that he or she engaged in Title VII...

Criminal Law-Fourth Circuit Allows § 3582(c)(2) Sentence Modification Under Rule 11 Plea Agreement to Specific Term-United States v. Dews, 551 F.3d 204 (4th Cir. 2008), reh’g en banc granted, No. 08-6458 (4th Cir. Feb. 20, 2009), reh’g dismissed as moot, No. 08-6458 (4th Cir. May 4, 2009)

Although their application is no longer mandatory, the United StatesSentencing Guidelines (USSG) still serve an important role in determining a defendant’s sentence after conviction and whether a trial judge will accept a negotiated plea agreement.  Once imposed, a...

Constitutional Law-Court of International Trade Holds Article III Standing Not Required to Intervene in Existing Litigation-Canadian Wheat Board v. United States, 637 F.Supp. 2d 1329 (Ct. Int’l Trade 2009)

Article III of the United States Constitution (Article III) explicitly limits the jurisdiction of the federal courts to deciding only “cases” and “controversies.”  Although the United States Supreme Court has interpreted Article III as implicitly requiring prospective...

Arbitration Law-Second Circuit Holds Section 7 of the Federal Arbitration Act Does Not Permit Arbitration Panels to Issue Prehearing Document Subpoenas to Nonparties-Life Receivables Trust v. Syndicate 102 at Lloyd’s of London, 549 F.3d 210 (2d Cir. 2008)

The Federal Arbitration Act (FAA) ensures judicial enforcement and validity of private arbitration agreements.  Section 7 of the FAA is the only section that deals with discovery, and grants arbitration panels the authority to summon persons before the panel as...