- Written by Jacquelyn E. Larson
The Ninth Circuit Court of Appeals became the first court of appeal to rule on issues pertaining to pre-employment background checks class actions brought under the Fair Credit Reporting Act (“FCRA”).
In Syed v. M-I, LLC, the Court ruled that disclosure and authorization forms signed by a prospective employee cannot also contain a waiver of liability. Under the FCRA, prospective employers cannot obtain background checks on their applicants unless the prospective employer provides a written disclosure and obtains written authorization. The FCRA also contains penalties for violating the Act. A prospective employee can sue for any damages, and also can obtain penalties ranging from $100 to $1,000, punitive damages, and attorney’s fees and costs if the violation is found to be willful.
Justice Scalia’s Actual and Ideological Replacement: Tenth Circuit Judge Neil Gorsuch Nominated to United States Supreme Court
- Written by The Saqui Law Group
President Donald Trump has selected Tenth Circuit Court of Appeal Judge Neil Gorsuch as his nominee to replace deceased Justice Antonin Scalia on the United States Supreme Court. Should Judge Gorsuch pass confirmation (which is expected), he will fill the year-long vacancy that has existed since the passing of Justice Scalia in February 2016.
Judge Gorsuch, 49, has served on the Tenth Circuit since 2006, and was a former United States Supreme Court clerk. Judge Gorsuch is most frequently compared to Justice Scalia, both for his intelligence, sharp, conversational writing style, and belief that judges should follow the text and original meaning of the Constitution.