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United States Supreme Court Defines “Fair Notice” – Will This Impact All Federal Anti-Retaliation Cases?

On Behalf of | Apr 28, 2011 | Firm News

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Lisa Milam-Perez posted a thoughtful article on the impact of the recent decision by the United States Supreme Court in Kasten v. Saint-Gobain Performance Plastics Corp., decided March 22, 2011.  See article here.

The Kasten Court over-ruled the District Court’s grant of summary judgment to Saint-Gobain, clarifying the definition of “fair notice” of a claim of retaliation to include both oral and written complaints.  This decision involved a claim for retaliation asserted under 29 U.S.C. § 215(a)(3), the Fair Labor Standards Act of 1938.  Kasten’s impact is likely to be broad since at least 21 other federal statutes contain identical language on notice in anti-retaliation provisions.

You can download a copy of the U.S. Supreme Court decision here – Download KastenSaint-Gobain.