SCOTUS: Good for Business
Thursday, June 27, 2013
The affirmative action and gay marriage rulings got most of the headlines, but several of this year's smaller Supreme Court rulings had a decidedly pro-business bent. New York Times Supreme Court reporter Adam Liptak discusses how the Chamber of Commerce pulled off a "clean sweep", and why the Roberts court is so friendly to corporate America.
This Term's Four Pro-Business Rulings
- American Express Co. v. Italian Colors Restaurant Class action waiver provisions would be enforced even if doing so would make it impossible for small businesses to protect their rights under federal law.
- Vance v. Ball State University In discrimination cases, an employee is considered a "supervisor" only if he/she has hiring and firing power.
- University of Texas Southwestern Medical Center v. Nassar Ruling limits employees' ability to prevail in cases alleging retaliation under Title VII, must be proved according to traditional principles of but-for causation, not the lessened causation.
- Mutual Pharmaceutical Co. v. Bartlett Federal law related to pharmaceuticals preempts a plaintiff's right to sue the drug company under state law. The plaintiff, Karen Bartlett, had suffered severe injuries after she took a generic pain drug.