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Press Release

Manesh Rath, Lead Amicus Counsel for the NFIB Small Business Legal Center and the Retail Litigation Center, Files Friend-of-the-Court Brief in U.S. Supreme Court Employment Case

On October 26, 2012, Manesh Rath, lead amicus counsel for the NFIB Small Business Legal Center and the Retail Litigation Center (RLC) filed a friend-of-the-court brief in Vance v. Ball State, Case No.11-556. The brief supports Ball State University, who filed its response brief on October 19, 2012.

This landmark U.S. Supreme Court case will settle a circuit court split on when an employer should be liable for a supervisor's harassing conduct of a subordinate.

"The outcome of this case is critical for employers of all sizes because it will finally settle whether an employer is liable for the conduct of a working supervisor or entry-level supervisor who does not have the power to make formal employment decisions," Mr. Rath observed.

The U.S. Supreme Court will hear arguments in this case on November 26, 2012, and a decision is expected sometime in early 2013.

Manesh Rath, a partner with Keller and Heckman LLP, is a trial and appellate attorney with experience in general commercial litigation, wage and hour and class action litigation, labor and employment law, and Occupational Safety and Health law. He successfully represents employers nationwide.

Keller and Heckman LLP's nationally-recognized litigation attorneys represent clients' interests before federal and state courts, at the trial and appellate level, and before regulatory and industry sanctioned bodies. Keller and Heckman, founded in 1962, has a broad practice in regulatory law, public policy, and litigations. Keller and Heckman serves clients from its offices in Washington, DC, Brussels, San Francisco, Shanghai, and Boulder.

Founded in 1943, NFIB is the nation's leading small business association. NFIB Small Business Legal Center represents the consensus views of its members. Directed by the chief legal officers of the country's leading retail companies, RLC is dedicated to advocating the retail industry's perspective in judicial proceedings.

Click Here to View the Amicus Brief Filed by Mr. Rath.