Petition of the day

Petition of the dayThe petition of the day is: Bartels v. Southern Motors of Savannah, Inc. 17-208 Issues: (1) Whether the lower courts are correct to apply the Supreme Court’s decision in University of Texas Southwest Medical Center v. Nassar to cases brought under the Family and Medical Leave Act of 1993 and to require plaintiffs asserting claims for interference and retaliation […]

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Petition of the day

The petition of the day is:

17-208

Issues: (1) Whether the lower courts are correct to apply the Supreme Court’s decision in University of Texas Southwest Medical Center v. Nassar to cases brought under the Family and Medical Leave Act of 1993 and to require plaintiffs asserting claims for interference and retaliation in violation of that statute to prove but-for causation rather than the motivating factor causation; (2) whether the regulations of the United States Department of Labor providing for a mixed motive or motivating factor standard to apply to claims brought under the Family and Medical Leave Act of 1993 are entitled to controlling deference under the Supreme Court’s decision in Chevron v. Natural Resources Defense Council; and (3) whether Petitioner was erroneously denied a jury trial on his claims for interference and retaliation in violation of the Family and Medical Leave Act of 1993 when the lower courts explicitly found that the Respondent gave one rationale for his termination at the time he was terminated and offered a different rationale later, and he presented other substantial evidence that his request for leave was a motivating factor in the termination decision.

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