Tag Archives: Discovery

U.S. Supreme Court Holds That District Courts’ Decisions to Enforce or Quash EEOC Subpoenas Are to Be Reviewed Under Deferential Abuse of Discretion Standard

The United States Supreme Court recently resolved a Circuit Court split on the appropriate standard of review of a District Court’s decision whether to enforce a subpoena issued by the Equal Employment Opportunity Commission (“EEOC”).  In McLane Co., Inc. v. Equal Employment Opportunity Commission, No. 15-1248, 581 U.S. __ (April 3, 2017), the Court held … Continue Reading

Courts Rein In EEOC

It is commonplace in employment litigation to learn that a charge by a single employee of a discrete violation of law has become the basis for broad and far reaching requests for information and documents or that the EEOC has filed a complaint for hundreds of employees it has not even considered in its investigation … Continue Reading

High Court Resolves Circuit Split On Disclosure of Privileged Documents

In Mohawk Industries, Inc. v. Carpenter, the Supreme Court resolved a circuit split and held that an order requiring the disclosure of documents arguably protected by the attorney-client privilege does not qualify for immediate appeal under the “collateral order doctrine.”  The collateral order doctrine allows litigants to appeal a small class of orders that (1) conclusively … Continue Reading
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