Federal courts have struggled with the implications of Stern v. Marshall, 564 U.S. 462 (2011), and Wellness International Network, Ltd. v. Sharif, 135 S. Ct. 1932 (2015)—in which the Supreme Court held that the Constitution requires the parties’ consent before bankruptcy courts can finally adjudicate claims that neither “stem[] from the bankruptcy itself [n]or would necessarily…
Tag: Judge Adalberto Jordan
Revised Opinion Issued After EEOC Seeks En Banc Review of “Dreadlocks” Decision
As we reported here, the Eleventh Circuit rejected a claim for intentional racial discrimination against an employer that had banned “dreadlocks” from the workplace in EEOC v. Catastrophe Management Solutions, 837 F.3d 1156 (11th Cir. Sept. 15, 2016). Apparently dissatisfied with that result, the Equal Employment Opportunity Commission filed a petition for rehearing en banc…
Workplace Grooming Policy Against Dreadlocks Held Non-Discriminatory Under Title VII
Does enforcing a workplace policy against dreadlocks amount to intentional racial discrimination against a black or African American job applicant? Despite the Equal Employment Opportunity Commission’s endorsement of that theory, the Eleventh Circuit rejected its argument yesterday in EEOC v. Catastrophe Management Solutions (CMS), 2016 WL 4916851 (11th Cir. Sept. 15, 2016). The EEOC brought…
Eleventh Circuit Vacates Summary Judgment Following Answer from Florida Supreme Court
In August 2016, the Eleventh Circuit asked the Florida Supreme Court to weigh in on whether a Florida alternative construction dispute resolution statute requiring notice of any construction dispute implicates an insurer’s duty to defend its insured against “suits.” The Florida legislature enacted Chapter 558 of the Florida Statutes in 2003 “establishing a notice and…