Plaintiffs suing for race discrimination under a post-Civil War law must meet a stricter standard to prove their claims after the U.S. Supreme Court unanimously ordered a lower court to reconsider media mogul Byron Allen’s race bias lawsuit against
Known as the “but-for” test, the standard requires plaintiffs to prove that race bias was the central cause, as opposed to a motivating factor, of an action they’re challenging. They must meet that burden to get their cases heard by a jury and to ultimately prove that a defendant is liable. The Trump administration weighed in on the case, ...
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