The Supreme Court's 2007-2008 Term: Relatively Quiet on the Access Front

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In a few of the limited number of decisions focusing on federal court access in its 2007-2008 Term, the U.S. Supreme Court actually expanded access in some respects. In Federal Express Corporation v. Holowecki, for example, the Court confirmed that the plaintiff satisfied the Equal Employment Opportunity Commission’s definition of a “charge.” In some civil rights cases the Court employed stare decisis to protect claims of discriminatory retaliation in the workplace. The Court also took up claim preclusion, paralegal compensation, and cross-appeal requirements.

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By Gill Deford, Gary F. Smith, Matthew Diller, and Jane Perkins From January-February 2009 Clearinghouse Review