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    Court Case Briefs

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    I need assistance writing four business briefs on the following court cases:

    Business and the Bill of Rights
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=06-1321

    Administrative Agency
    http://caselaw.lp.findlaw.com/data2/circs/9th/0370379p.pdf

    Torts Relating to Business
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=06-179

    Contracts
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=07-411

    Title each of the sections with the:
    Facts
    Issue
    Ruling
    Analysis
    Minority Rationale(s)
    Comments

    © BrainMass Inc. brainmass.com June 3, 2020, 10:28 pm ad1c9bdddf
    https://brainmass.com/business/business-law/court-case-briefs-232995

    Solution Preview

    Gomez-Perez V. Potter, Postmaster General
    Certiorari to the United States Court Of Appeals For
    The First Circuit

    Facts
    Gomez-Perez was a 45 year old postal employee, who had filed a complaint under the Age Discrimination in Employment Act of 1967. She filed a petition alleging that her employer had violated 29 USC section 633 a (a) of the ADEA by retaliating against her for filing a complaint. The district court granted summary judgment to Potter, Postmaster General. When Gomez-Perez appealed to the First Circuit, the judgment of the District Court was affirmed.

    Issue
    Does Section 633a (a) prohibit retaliation against federal employee who complaints of age discrimination?
    Ruling: The Supreme Court held that Section 633a (a) prohibits retaliation against federal employee who complaints of age discrimination.

    Analysis
    The reason why the Supreme Court decided in favor of Gomez-Perez was that there were prior decisions relating to retaliation that were covered by similar language in other antidiscrimination statutes. Under 42 USC Section 1983, all citizens shall have the same right as enjoyed by white citizens. In Jackson vs. Birmingham disallowed retaliation against public school employees. The court held that the language used in ADEA was similar to other discrimination statutes.

    Minority Rationale(s)
    The minority rationale is that the executive branch of the government has treated discrimination and retaliation separately and enacts administrative remedies for such retaliation, so to treat retaliation as discrimination is not acceptable. Similarly, a ban against discrimination based on protected status cannot be read to include a ban on retaliation.

    Comments:
    In an organization, if an administrative complaint is filed by an employee under the ADEA, there should not be any retaliatory action against her.

    UNITED STATES COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    MARION P. FRY, Dr., ü No. 03-70379 Petitioner,
    v. ý DEA No. BC4410-09-m
    DRUG ENFORCEMENT AGENCY, ...

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