Eighth Circuit Reverses Nearly $4.7 Million Fee Award Against EEOC, But Prevailing Party Issue Looks To Predominate.
On January 3, 2016, we posted on the fact that the United States Supreme Court (SCOTUS) granted certiorari with respect to an Eighth Circuit opinion reversing a nearly $4.7 million fee award against EEOC based on its failure to prevail in a case against a business, with summary judgment granted against EEOC on mainly procedural grounds. The case is CRST Van Expedited, Inc. v. EEOC, No. 14-1375 (SCOTUS).
Oral argument by SCOTUS on this case is scheduled for March 28, 2016. We can now further report that Ross Runkel, a full-time labor-management arbitrator and legal professor emeritus at Willamette University College of Law, has written a March 21, 2016 post on SCOTUSblog (hyperlinked here) providing some nice insights into the issues being faced by SCOTUS in this case, including some possibly “newly raised” arguments which might make argument very interesting in this matter. Stay tuned.
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