Free Trial / Sign Up Products / Prices / Samples About Us / Contact FAQs Home
Latest employment law cases  
Summaries and links to full text

LawMemo - First in Employment Law

Emailed directly to you
and online all the time
Latest Cases Key Word Search Law Firm Directory Arbitrator Directory Law School Directory Legal Resources / Memos
Employment Law Memo
Arbitration Law Memo
NLRB Law Memo
Employment Law Blog
Arbitration Law Blog
Employment Law 101
Articles
Supreme Court Cases
EEOC Info
NLRB Info

LawMemo Employment Law Blog 
All Archives    |    All Archives By Topic 
Also read LawMemo Arbitration Blog

 


« Is Title VII 15-employee threshold jurisdictional? | Main | Employment Law Blog birthday »

Arbaugh v. Y & H Corp argument
January 11, 2006 by Ross Runkel at LawMemo

SCOTUSblog has an extended discussion of the ins and outs of the arguments in Arbaugh v. Y & H Corp, where the question is whether Title VII's 15-employee threshold is a matter of federal court jurisdiction or merely another element going to the merits. Tomorrow's Argument in Arbaugh v. Y & H Corporation.

Here's just one paragraph:

As an Amicus Curiae supporting the petitioner, the United States emphasizes, among other arguments, that neither Y & H nor the circuit courts holding the fifteen-employee requirement to be jurisdictional had provided a persuasive reason for why ยง 701(b) should be thought to limit the jurisdiction of the federal courts. The United States critiques each of the four arguments offered for such a holding, including the Third Circuit's argument under the canon of avoidance (notably, even the Third Circuit rejected this argument after outlining it).

LawMemo.Com


EEOC | NLRB | Supreme CourtEmployment Law BlogArbitration Blog | Employment Law 101

 
Google
 
Web www.LawMemo.com 
This form will search the LawMemo web site. 
It does not include Advanced Search.