One circuit takes new path over effort for clarity in bias rulings

Lawyers' Forum

By Joseph M. Gagliardo and Darin Williams

Joseph M. Gagliardo and Darin Williams are lawyers at Laner Muchin Ltd.

Posted May 21, 2019 3:25 PM

The 11th U.S. Circuit Court of Appeals recently issued an en banc opinion seeking to clarify its employment discrimination jurisprudence regarding “comparator” evidence and, in so doing, highlighted the judiciary’s ongoing disagreement regarding the concept.Under McDonnell Douglas Corp. v. Green, 411 U.S. 92 (1973), and its progeny, plaintiffs attempting to demonstrate intentional employment discrimination in the absence of direct evidence commonly rely on “comparator” evidence &mdash …

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High court says judge erred in trying to ‘rehabilitate’ juror

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