U.S. Supreme Court
Apr. 23, 2020
Ginsburg offers path for plaintiffs pursuing Section 1981 claims
In a sweeping majority opinion, Justice Neil Gorsuch establishes a “but-for” causation standard for pleading 42 U.S.C. Section 1981 claims, sharply limiting the claims future victims of racial discrimination in contracting may allege.
Eric J. Buescher
Georgetown Univ Law Ctr; Washington DC
Eric works on fraud cases, representing whistleblowers and employees in false claims cases. He also works on financial elder abuse, mass tort actions, and water and land use litigation, advocating for public rights to use and access open spaces.
Tamarah P. Prevost
Senior Associate
Cotchett, Pitre & McCarthy LLP
Email: tprevost@cpmlegal.com
Tamarah practices employment law, representing victims of racial discrimination, sexual harassment, and other civil rights abuses. She also maintains an active class action practice in antitrust and consumer rights litigation.
The U.S. Supreme Court’s decision on March 23 in Comcast Corp. v. Nat’l Ass’n of African Am.-Owned Media, 140 S. Ct. 1009, 1011 (2020), was not a surprise. In a sweeping majority opinion, Justice Neil Gorsuch establishes a “but-for” causation standard for pleading 42 U.S.C. Section 1981 claims, sharply limiting the claims future victims of racial discrimination in contracting may allege. However, Justice Ruth Bader Ginsburg’s closing concur...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In