Third Circuit Upholds Disparate Impact Finding

NAACP v. North Hudson Regional Fire & Rescue, Nos. 10-3965, 10-15015 (3 rd Cir. Dec. 12, 2011).

November

Decision on Sex Stereotyping Under Sec. 1983

Glenn v. Brumby, No. 10-14833, 10-15015 (11 th Cir. Dec. 6, 2011).

In a significant opinion, the Eleventh Circuit upholds a plaintiff's Section 1983 claims based upon the Equal Protection Clause against a state government official for firing her based on sexual stereotypes related to gender identity disorder and gender transition.

The published opinion is by Judge Barkett and was joined by Judges Pryor and Kravitch. The attached opinion certainly is significant for transgender issues, but also because of its broad language on sex stereotyping:

November

Court Issues Sanctions for Failure to Preserve Evidence and Failure to Prepare 30(b)(6) Deponent

Naaco Materials Handling Group, Inc. v. Lilly Co., No. 11-2415 AV, 2011 WL 5986649 (W.D. Tenn. Nov. 16, 2011).

November

Associate Cannot Pursue Wrongful Termination Based on Refusal to Violate Ethics Rules

Anthony Gadlage v. Winters & Yonker, Attorneys at Law, P.S.C., No. 3:11-CV-354-H (W.D.K.Y. Dec. 29, 2011).

A federal judge has dismissed a suit by an associate who claims he was fired from his personal injury law firm for refusing to participate in an unethical referral scheme. An illegal discharge claim can't be premised on a violation of legal ethics rules, according to the Dec. 29 opinion by Judge John Heyburn II of Louisville, Ky.

Newsletter Volume: 
Newsletter - January/February 2012
January