Category Archives: Appellate

AFFIRMATIVE ACTION VICTORY

University

Last week, the United States Supreme Court upheld the University of Texas at Austin’s affirmative action policies in Fisher v. University of Texas.  While not directly related to employment law, the decision is an important sign of the Court’s commitment to diversity and may be indicative of how future decisions will come down.

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THE IOWA SUPREME COURT ON UNEMPLOYMENT LAW

Jail cell

On Friday, the Iowa Supreme Court issued a 57-page opinion in Irving v. Employment Appeal Board.  Sondra Irving appealed a judgment from the district court that affirmed the denial of her unemployment benefits after she was terminated from her job at the University of Iowa Hospitals and Clinics (UIHC).  Irving was absent from work while she was incarcerated on criminal charges unrelated to her job (which were ultimately dismissed).

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SUPREME COURT VICTORY FOR CONSTRUCTIVE DISCHARGE PLAINTIFFS

Gold scales of justice

Yesterday the United States Supreme Court issued a 7-1 opinion in Green v. Brennan.  Justice Sotomayor authored the majority opinion, which vacated and remanded the Tenth Circuit’s dismissal of Plaintiff Marvin Green’s race discrimination and retaliation complaint on timeliness grounds.

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MERRICK GARLAND ON EMPLOYMENT LAW

Supreme Court

Last week, President Obama nominated Merrick Garland to fill the United States Supreme Court seat left vacant by Justice Antonin Scalia.  Garland is the Chief Judge of the D.C. Circuit Court of Appeals, where he has served since 1997.  When he was nominated to the D.C. Circuit Court by President Bill Clinton, he received bipartisan support and was confirmed by the Senate with a vote of 76-23.  This confirmation process will undoubtedly be more difficult, with Garland’s appellate record coming under careful scrutiny.  Garland’s record on employment and civil rights cases is of particular interest and importance to the employment attorneys at Babich Goldman.

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IOWA SUPREME COURT REVERSES LOWER COURT’S DECISION IN OPEN MEETINGS CASE

Gavel

Today the Iowa Supreme Court reversed the district court’s decision in Hutchison, et al. v. Warren County, et al., a case involving Iowa’s Open Meetings Law. Babich Goldman employment attorneys Tom Foley, David Goldman, and Katie Ervin Carlson are part of the Plaintiffs’ legal team.  We’ll take some time to re-read the decision and compile our thoughts about what happens next.  In the meantime, you can read the decision here.

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