Epstein Secrets

e Scalia cited the statement of purpose of the Civil Rights Act of 1991, to hold that, for example, the amendments specifically designed to overrule Patterson v. McLean Credit Union 491 U.S. 164, 105 L. Ed. 2d 132, 109 S. Ct. 2363, should be applied prospectively only, based on a statutorily expressed Con

when there is a parallel state action. In that case, a bare majority of one held upheld the District Court's decision to abstain, however, Justice Blackmun, in casting the deciding vote, did so because he was of the opinion that the remedy sought (mandamus) was premature, since the Appellate Court whic

way Exoress 511 U.S. 298 (1994) was decided after a trial on the merits as well, wherein the Court dismissed the 1981 claims based on the holding in Patterson supra and exonerated the Defendant on the Title VII claims in a bench trial. On appeal, the plaintiff sought relief under the 1991 Civil Rights Act

when there is a parallel state action. In that case, a bare majority of one held upheld the District Court's decision to abstain, however, Justice Blackmun, in casting the deciding vote, did so because he was of the opinion that the remedy sought (mandamus) was premature, since the Appellate Court whic

e Scalia cited the statement of purpose of the Civil Rights Act of 1991, to hold that, for example, the amendments specifically designed to overrule Patterson v. McLean Credit Union 491 U.S. 164, 105 L. Ed. 2d 132, 109 S. Ct. 2363, should be 9 EFTA00175278 Case 9:09-cv-80469-KAM Document 20 Entered o

statutory enactments is simply not present here, and the record is devoid of any factual material that would support such a conclusion.10 As Justice Blackmun said in dissent in Landsgraf, there is no vested right to break the law." Bottom line is, a motion to dismiss a claim is not the correct procedural