As Gerard Magliocca noted in October, he and I are the only commentators who’ve taken the position that the courts ought to defer to the Senate’s view of its own recess in NLRB v. Noel Canning. Given that, I was pleased that the notion of deferring to the Senate received so much attention at oral argument yesterday. I […]
Category Archives: U.S. Supreme Court
by Deepak Gupta In a much-anticipated decision, the Fifth Circuit held today that the National Labor Relations Board overstepped its authority when it ruled that an employer violated federal labor law by requiring its employees to sign an arbitration agreement containing a class-action ban. Judge Leslie Southwick, joined by Judge King, isssued the opinion for the court. Here's […]
For those in New Haven: I'll be giving a talk about plaintiff-side appellate advocacy at noon tomorrow (Thursday) at Yale Law School. Among other things, I'll discuss the advocacy imbalance facing consumers, workers, and other plaintiffs in the appellate courts and touch on the fate of class actions in the Roberts Court. Hope to see you there. […]
by Deepak Gupta Jeff and Brian have already posted on the news of a final settlement in Mount Holly. Although we've known all along that a settlement was likely, this is still big news. Let's put this in perspective: For the second time in just two years, an eleventh-hour settlement before oral argument has denied the […]
So reports Carter Dougherty of Bloomberg. No link available yet. The case, which the Supreme Court would have heard arguments in next month, presented the issue of whether the disparate impact test can be used in FHA cases .
by Deepak Gupta We've blogged before about Mount Holly–the Supreme Court case about the future of disparate impact in housing and lending discrimination. (My firm represents current and former Members of Congress in the case). All along, it's seemed possible that Mount Holly would settle before the December oral arguments. This morning, that's looking even […]
by Deepak Gupta On April 4, 1968, Dr. Martin Luther King Jr. was assassinated as he stood on the balcony of the Lorraine Motel in Memphis. His killing sparked a fresh round of riots in cities nationwide. Nearly two dozen representatives immediately changed positions and urged passage of the Fair Housing Act. Within a week, with […]
Is Noel Canning v. NLRB a classic separation-of-powers conflict between the Senate and the President, or a false controversy created by the House of Representatives, which has no business interfering with appointments? I argue the latter in a short essay forthcoming in the Harvard Law Review's online companion, the Forum. I have a few more […]
by Deepak Gupta In a 70-page opinion by Justice Goodwin Liu, the California Supreme Court on Thursday issued its eagerly anticipated decision in Sonic-Calabasas v. Moreno. Addressing the impact of both AT&T Mobility v. Concepcion and American Express v. Italian Colors for the first time, the court makes clear that unconscionability — focused on whether […]
by Paul Bland, Senior Attorney, Public Justice, Of Counsel, Chavez & Gertler On Twitter @PblandBland In Kennedy v. Wells Fargo, Judge King of the Southern District of Florida enforced another arbitration clause that tosses out consumer claims in the multi district litigation involving checking overdraft claims. The plaintiffs had several arguments that the particular arbitration clause at […]