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Litigation Briefs

Below is a partial listing of our litigation briefs. For briefs not listed, please e-mail Vincent A. Eng.
 
Bartlett v. Strickland
The Asian American Justice Center filed a joint amicus curiae brief with the Mexican American Legal Defense and Education Fund.  The question presented is "Whether a racial minority group that constitutes less than 50 percent of a proposed district's population can state a vote dilution claim under Section 2 of the Voting Rights Act." The joint amicus brief argues that the answer should be yes.
 
Herring v. United States
Challenge to an arrest based on inaccurate information in a government database. Amici argue that inaccurate government databases will have implications for voter registration databases, employment verification databases, immigration databases, as well as criminal records databases. 
 
Amicus brief in support of marriage equality pending before the Iowa Supreme Court.
 
California Marriage Cases
Joint Asian American brief filed in the California Supreme Court in support of marriage equality. 
 
May the sole shareholder of a corporation who is the target of intentional racial discrimination in the performance and enforcement of a contract, and who suffers separate and distinct injury as a result thereof, maintain a cause of action for personal injuries under section 1981.
 
Whether an employer may be held liable for retaliatory discrimination under Title VII for any “materially adverse change in the terms of employment.
 
Opportunity to clarify in case law what Congress has made clear in Title VII: an employer can be held liable for the bias of a supervisor if the bias was a motivating factor for an employment practice.

Coral Construction,  Inc. and Schram Construction, Inc. v. City & County of San Francisco and John L. Martin
The Asian American Justice Center (AAJC), a national human and civil rights organization, and its affiliate  –the Asian Law Caucus (ALC)  – along with four other advocacy groups, filed an amicus brief in the Supreme Court of the state of California in support of defendents and appellants City & County of San Francisco, et al. to increase participation by Asian American businesses in public and private sectors.

William Crawford et al. v. Marion County Election Board, et al
The Asian American Justice Center (AAJC), a national human and civil rights organization, and its affiliates – Asian Pacific American Legal Center (APALC), Asian Law Caucus (ALC) and Asian American Institute (AAI) – along with 22 other national and local Asian American advocacy groups, filed an amicus brief in the United States Supreme Court against Indiana’s restrictive voter ID law in the case of William Crawford et al. v. Marion County Election Board, et al, arguing that the voter ID disproportionately deprives Asian Americans of the right to vote and provides an invitation to discriminate against Asian American voters.

Parents v. Seattle School District
The civil rights groups Asian American Justice Center (AAJC) and Asian American Legal Defense and Education Fund (AALDEF), with educational and advocacy groups nationwide, filed amicus briefs in the United States Supreme Court in support of voluntary racial integration in the cases of Meredith v. Jefferson County Board of Education, et al., and Parents Involved in Community Schools v. Seattle School District No. 1.

Colwell v. H.H.S.
Ninth Circuit Court of Appeals amicus curiae brief addressing competent language services available to limited English proficient patients is first and foremost an issue of providing high quality care.

City of Rancho Palos Verdes v. Abrams

Dukes v. Wal-Mart

IRS v. Banks/Banaitis
Amicus curiae brief submitted to the Supreme Court of the United States of America. The issue presented concerns the taxability of contingent legal fees.

Pennsylvania State Police v. Suders
Amicus curiae brief submitted to the Supreme Court of the United States of America. The issue presented is whether an employer is liable for a hostile work environment created by a supervisor that culminates in the constructive discharge of the victim of harassment.

Clackamus v. Wells
Amicus curiae brief submitted to the Supreme Court of the United States of America. Defining employees and employers under the Americans with Disabilities Act of 1990.

Rosenthal v. Quigley
Amicus curiae brief submitted to the Supreme Court of the United States of America. This case presents profoundly important questions concerning the constitutionality of a large punitive damages award against a public interest organization. In New York Times v. Sullivan, 376 U.S. 254 (1964), this Court recognized that civil judgments, like criminal prosecutions, can chill and prevent speech.

Martinez v. Potter
Amicus curiae brief in support of petition of rehearing en banc in the United States Court of Appeals for the Tenth Circuit. Application of Morgan standard in post-charge employment retaliation claims.

Tennessee v. Lane
Amicus curiae brief submitted to the Supreme Court of the United States of America. Whether Congress validly abrogated states' Eleventh Amendment immunity to enable private individuals to enforce their equal protection and due process rights by bringing damages suits under Title II of the American with Disabilities Act of 1990.

Arguello v. Conoco
Amicus curiae brief submitted to the Supreme Court of the United States of America. Does 42 U.S.C. § 1981's protection against race discrimination in the making and enforcing of contracts prohibit racial harassment against customers in the consumer context? And Is a victim of race discrimination in a place of public accommodation required to prove that future discrimination is likely in order to establish standing for injunctive relief under 42 U.S.C. § 2000a, et seq., when § 2000a-3(a) indicates that an injunction may be sought based on a previous incident of discrimination?

Gratz v. Bollinger
Amicus curiae brief submitted to the Supreme Court of the United States of America. University of Michigan undergraduate affirmative action case.

Grutter v. Bollinger
Amicus curiae brief submitted to the Supreme Court of the United States of America. University of Michigan law school affirmative action case.

Demore v. Kim
Amicus curiae brief submitted to the Supreme Court of the United States of America. Whether Title 8, Section 1226(c) of the United States Code violates the due process rights of lawful permanent residents and other aliens by requiring their mandatory detention without the benefit of a bond hearing and without a prescribed time limitation pending a hearing to determine whether the individual shall be removed from the country?

Adarand v. Mineta
Amicus curiae brief submitted to the Supreme Court of the United States of America. Department of Transportation MBE public contracting case.

Grutter v. Bollinger
Amicus curiae brief submitted to the Sixth Circuit Court of Appeals of the United States of America. University of Michigan law school affirmative action case.

U.S. v. Wen Ho Lee

 

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