Gorsuch in L/E Cases

labor-law-598x299I found 25 cases from the past 10 years, involving labor or employment claims, where Judge Gorsuch wrote the majority opinion. Here’s a quick overview of how those cases turned out.

I found 19 cases involving Title VII claims; 3 cases involving ADEA claims; and 3 cases involving NLRA/NLRB claims. None of these cases produced a dissenting opinion.

In 2 of the 3 NLRA/NLRB cases, a union sought review of an NLRB decision and the union’s petition was denied. 765 F.3d 1198 (2014); 594 F.3d 732 (2010). In the other NLRA/NLRB case it was the employer seeking review of the NLRB’s decision, and the employer’s petition was denied. 692 F.3d 1068 (2012).

In all 3 of the ADEA cases, employees appealed from a dismissal of or summary judgment on their claims, and in all 3 cases the dismissal or summary judgment was affirmed. 733 F.3d 1306 (2013); 665 F.3d 1174 (2011); 523 F.3d 1187 (2008).

In 16 of the 19 Title VII cases, employees appealed from a summary judgment against them and the summary judgment was affirmed.

In one case, the judgment on a verdict for the employee was affirmed. 754 F.3d 864 (2014).

In another case, the judgment on a verdict for the employer was affirmed in all parts except one: the Title VII claim of one of the employees was remanded for new trial based on an intervening SCOTUS decision. 497 F.3d 1079 (2007).

And in one case, after summary judgment was granted for the employer based on the employee’s failure to exhaust administrative remedies, the Court reversed (holding administrative remedies had been exhausted) and remanded for the district court to determine whether summary judgment for the employer, on the merits, was warranted. 298 F. App’x 760 (2008). The Court later affirmed judgment on a verdict for the employee—but Judge Gorsuch was not involved in that later appeal. 378 F. App’x 836 (2010).