Justices Seek Middle Ground In Cat's Paw Fight

Law360, New York (November 2, 2010, 6:52 PM EDT) -- U.S. Supreme Court justices expressed skepticism toward both sides in an employment fight Tuesday on the so-called cat's paw theory of liability, a sign lawyers said could indicate that the high court would not embrace either argument in the closely watched case.

Justice Samuel Alito even asked if there was a “reasonable middle position” in the dispute over whether employers can be held liable for unlawful bias by an official other then the primary decision maker, two employer-side lawyers pointed out.

Edward A. Brill of Proskauer...
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