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Expert Analysis

Revisiting Enforcement Of EEOC Subpoenas At 9th Circ.

By Mark Wiletsky (June 27, 2017, 11:33 AM EDT) -- Whether the standard of review is de novo or abuse of discretion, the Ninth Circuit came to the same conclusion: The district court erred in denying enforcement of an administrative subpoena issued by the U.S. Equal Employment Opportunity Commission. In April 2017, the U.S. Supreme Court decided that the Ninth Circuit had erroneously applied a de novo standard of review in EEOC v. McLane Company, and remanded the case back to the appellate court to apply an abuse of discretion standard of review. Unsurprisingly, the Ninth Circuit relied on its earlier analysis to once again conclude that the district court should have enforced the EEOC's subpoena....

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