The appeal from the 8th Circuit involves the rare situation where neither side argues that reasoning of the lower court should be upheld.
-
-
-
The arguments surround procedural rules and questions about when a defendant can be considered a "prevailing party" in EEOC litigation.
-
Neither side likes 8th Circuit's rule; dispute at
#SCOTUS focused on whether EEOC's case against CRST was dismissed "with prejudice" or not. -
The Chief Justice and Justices Alito & Breyer were extremely skeptical in their questions about the EEOC's arguments.
-
At times, Justices Kennedy & Sotomayor were skeptical as well, and Justice Thomas also, likely, is skeptical (though he asked no questions).
-
It seemed best-case scenario for EEOC would be a reversal with instructions to consider how a proper "prevailing party" rule is applied.
-
Another possibility, considered by the Chief, was reversal w resolution that CRST was prevailing party & dist ct to re-consider fees.
End of conversation
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.