OCTOBER 16, 2019
National Law Review Legal News Roundup
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On October 7, 2019, the Supreme Court of the United States dashed the hopes of the business community for relief from website access litigation when it announced that it had denied Domino’s Pizza, LLC’s petition for certiorari. The petition sought review of a recent decision from the Ninth Circuit Court of Appeals. That decision held that:  Read More on SCOTUS Denial of ADA Suit here>
The U.S. Supreme Court decided not to review an appellate court decision that held a false rumor about a woman “sleeping” her way to a promotion can give rise to a hostile work environment claim.  This means that the February 2019 decision by the U.S. Court of Appeals for the Fourth Circuit in Parker v. Reema Consulting Services, Inc. will stand.  In Parker, the Fourth Circuit held that, where an employer participates in circulating false rumors that a female employee slept with her male boss to obtain a promotion, this constitutes Title VII gender discrimination. Read More on SCOTUS and Hostile Work Environment Here >
The U.S. Supreme Court is scheduled to hear three cases on October 8, 2019 that will determine whether Title VII’s prohibition against sex discrimination in employment includes discrimination on the basis of sexual orientation and gender identity.
The first case, R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission (No. 18-107), presents the question of whether Title VII protects transgender and transitioning employees. In this case, a former funeral director was terminated from her employment after she disclosed that she was transgender and would be dressing in accordance with the funeral home’s female dress code. In the underlying decision, the Sixth Circuit Court of Appeals held that Title VII prohibits discrimination on the basis of both a failure to conform to sex stereotypes and an employee’s transgender and transitioning status.  Read More on SCOTUS and Sex Discrimination Litigation Here >
The United States District Court for the District of Oregon recently denied a marijuana grower’s motion to dismiss a Racketeer Influenced and Corrupt Organizations Act (“RICO”) lawsuit in Momtazi Family, LLC v. Wagner et al., No. 3:19-cv-00476-ER (D. Or. Aug. 27, 2019) [Doc. No. 26] (“Order”). The plaintiff in the case is the former operator and current lessor of a biodynamic vineyard in Oregon, whose property abuts the defendant’s marijuana farm.  The crux of the plaintiff’s claim is that its neighbor’s marijuana growing operations caused the plaintiff to suffer lost sales and decreased rental revenue. Id. at 3-4. Specifically, the plaintiff alleges that one of its customers cancelled an order for six tons of grapes grown on the portion of the vineyard adjacent to the defendant’s property, based on the belief that the odors emitted by the marijuana would permeate the grapes and taint any wine made from them. Read More on Vineyard's RICO Suit Here >
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