Friday, January 9, 2009

AALS Happenings: Section on Employment Discrimination Law

Hart Kotkin_2 Seiner Corradafull_2 Widiss








Meilssa Hart, timekeeper extraordinaire, presided over today's panel entitled If It is Broken, Then Fix It: Needed Reforms to Employment Discrimination LawMinna Kotkin (Brooklyn) spoke on how discrimination claimants alleging multiple categories of discrimination are less likely to prevail than claimants alleging a single category.  Joe Seiner (South Carolina) spoke on how courts are using Twombley pleading standards to dismiss employment discrimination cases that previously would have survived.  Roberto Corrada (Denver) proposed a unified standard to deal with religious cases involving both bias and accommodation issues.  Finally, Deborah Widiss (Brooklyn) described how courts often narrowly construe Congressional overrides, using Gilbert and the PDA as an example.

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» Twombly pleading under attack from PointOfLaw Forum
Straws in the wind: as federal courts use the welcome new pleading standards to dismiss more weak lawsuits at an early stage, plaintiff's counsel grow discontented and talk begins to be heard of efforts to restore the sue-now, explain-later regime... [Read More]

Tracked on Jan 29, 2009 11:38:48 AM

» Twombly pleading under attack from PointOfLaw Forum
Straws in the wind: as federal courts use the welcome new pleading standards to dismiss more weak lawsuits at an early stage, plaintiff's counsel grow discontented and talk begins to be heard of efforts to restore the sue-now, explain-later regime... [Read More]

Tracked on Aug 2, 2010 11:17:32 AM

Comments

Regarding the Kotkin presentation, it's a rule that every litigator knows well: There's only so much freight that a single case can bear.

Posted by: James Young | Jan 10, 2009 5:46:03 AM

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