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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…

Cameo Clips

October 24, 2003

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

October issue in PDF format

October 24, 2003

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