• United States Supreme Court Grants Certiorari in EEOC Subpoena Case
  • April 25, 2017 | Authors: Jeffrey M. Daitz; Rashmee Sinha
  • Law Firms: Peckar & Abramson A Professional Corporation - New York Office; Peckar & Abramson A Professional Corporation - River Edge Office
  • On September 29, 2016, the United States Supreme Court granted certiorari in McLane Co. Inc. v. EEOC, case number 15-1248, a case that asks the Court to resolve a split in the Circuit Courts of Appeals on the proper standard of review applied to a district court decision to quash or enforce a subpoena issued by the United States Equal Employment Opportunity Commission (“EEOC”). The decision by our highest court on the correct standard of review will have important implications for businesses, because if a litigant is displeased with a lower court’s decision, it may get two bites at the apple. Such an outcome will likely encourage more appeals, drawn-out investigations and increase legal fees.