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US Supreme Court roundup
June 28, 2005 by Ross Runkel at LawMemo

The US Supreme Court has ended its 2004-2005 session. Here's a list of employment cases decided and pending. Pending cases will be argued and decided in the next session beginning in October. For details on these cases see Supreme Court Review: 2004-2005 Employment Law Cases.

Cases decided:

• ADEA allows disparate impact claims (5-3); employees lose on the merits

  Smith v. City of Jackson (03/30/2005)

• False Claims Act retaliation claim statute of limitations is the most analogous state statute
  Graham County Soil v. US ex rel Wilson (06/20/2005)
• Title IX allows private right of action for retaliation (5-4).
  Jackson v. Birmingham Board Of Education (03/29/2005)
• Plaintiffs must pay tax on that portion of a settlement that went to attorneys as a contingent fee.
  Commissioner v. Banks (01/24/2004)
• Making and selling sexually explicit video is not expression on a matter of public concern.
  San Diego v. Roe (12/06/2004)

Cases pending:

• Does Civil Service Reform Act confer federal court jurisdiction?

  Whitman v. Department of Transportation
  Decision below: Whitman v. Department of Transportation (9th Cir 08/30/2004)

• Is Title VII's 15-employee threshold jurisdictional?
  Arbaugh v. Y & H Corp
  Decision below: Arbaugh v. Y&H Corp (5th Cir 08/02/2004)
• Does the 1st amendment protect schools from losing federal funds when they refuse to allow military recruiters? (The Solomon Amendment case)
  Rumsfeld v. Forum For Academic and Institutional Rights
  Decision below: Forum For Academic and Institutional Rights v. Rumsfeld (3rd Cir 11/29/2004)
• Does the 1st amendment protect a deputy district attorney who wrote a memo to his supervisor alleging that a deputy sheriff lied on a search warrant application?
  Garcetti v. Ceballos
  Decision below: Ceballos v. Garcetti (9th Cir 03/22/2004)
• Is time spent walking to the worksite after donning protective clothing compensable under the FLSA and Portal-to-Portal Act?
  Tum v. Barber Foods
  Decisions below: Tum v. Barber Foods (1st Cir 03/10/2004); Alvarez v. IBP, Inc. (9th Cir 08/05/2003)

Employment Law Memo subscribers will get a same-day report when the Supreme Court decides these pending cases.

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