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U.S. Supreme Court Clarifies the Extent of Judicial Review on Motions to Quash EEOC Subpoenas

 

McLane Company, Inc. v. Equal Employment Opportunity Commission

In early 2017, the U.S. Supreme Court ruled that a district court’s decision to quash or enforce an EEOC subpoena should be reviewed by the appellate court for abuse of discretion. This decision harmonizes the U.S. appellate courts, as the Ninth Circuit previously was reviewing a district court’s decision on an EEOC subpoena de novo, assessing the factual evidence of the case and making a legal determination without regard for the findings by the court below.