Age discrimination cases tried in the Southern District of Iowa continue to generate controversy over how juries should be instructed about the plaintiff’s burden of proof. First it was Gross v. FBL Financial Services, Inc., tried in the Southern District and ultimately decided by the U.S. Supreme Court in June 2009. Then it was
Should Employers Try More Cases Before Juries?
According to a post in the WSJ Law Blog, jury trials of civil cases in the federal system has virtually disappeared. In 1962 11.5% of federal civil cases were tried, compared to only 1.2% in 2009.
The subject of the vanishing jury trial has been discussed among lawyers for at least the past decade, if
U.S. District Court in Iowa Imposes $4.5 Million Sanction against EEOC
On February 9, 2010, U.S. District Judge Linda Reade ordered the Equal Employment Opportunity Commission (link courtesy of Ross Runkel) to pay Cedar Rapids based CRST Van Expedited $4.5 million in attorney’s fees and costs it incurred to defend itself against a meritless sexual harassment lawsuit.
The action started in 2005 when a CRST employee
Summary Judgment: Myths and Realities
"Is Summary Judgment in Employment Cases a Myth"? So ask attorneys Teresa Ride Bult and Kate Summers in an excellent article published last month in Law 360.
The authors contend it is becoming more difficult for employers to win on summary judgment, 
particularly in state court. Nonetheless, they believe the benefits of filing a
2009: The Year in Review
This is the time of year for reflection–when we look back on what happened during the past year, 
and look ahead to the coming year. There are many commentaries and opinions on what was good and bad about 2009, but there is no doubt it was an eventful year for those of us in the labor and employment law
Gross v. FBL Remand: Eighth Circuit Considers Additional Issues
On November 30, 2009, the U.S. Court of Appeals for the Eighth Circuit issued an opinion on the remand of Gross v. FBL Financial Group, Inc. We have discussed the Gross case in several previous posts (here, here, and here). The case has particular local interest because it was tried in
What are My Chances of Winning?
Understandably, this is the most important question a client will ask his lawyer when 
deciding whether to settle a lawsuit or defend the case at trial. It is also one of the most difficult things for lawyers to predict. That’s why jury verdict research is so valuable, and why this post at Manpower Employment
E-mail as Evidence Isn’t Everything
One of the biggest worries of lawyers defending against employee lawsuits is the stray statement in an e-mail that can be blown up or taken out of context. We are constantly warning clients that, before they click "send", they should think about how an e-mail will look to a jury.
However, the recent acquittal of