2nd Circ. Revives Black Fireman's Title VII Suit

Law360, New York (August 15, 2011, 5:16 PM EDT) -- The Second Circuit on Monday revived a black firefighter's discrimination suit against New Haven, Conn., over its 2003 fire lieutenant test, rejecting a lower court's conclusion that the U.S. Supreme Court's ruling in a case over the same exam foreclosed the plaintiff's claim.

A three-judge appeals panel breathed new life into Michael Briscoe's Title VII case in a 26-page opinion that rejected the lower court's conclusion that the Supreme Court's 2009 decision in Ricci v. DeStefano precluded Brisco's suit. The judges noted that the appeal raised...
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