Workplace Class Action Blog

Category Archives: Settlement Issues

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New York City Agrees To Pay $98 Million To Settle High Profile FDNY Discrimination Class Action

Posted in Settlement Issues

By Gerald L. Maatman Jr. and Howard M. Wexler

On March 18, 2014 the U.S. Department of Justice (“DOJ”) announced that New York City agreed to pay $98 million to settle a workplace class action originally brought by the DOJ in 2007 alleging that certain civil service tests administered by the FDNY were discriminatory against African-American and Hispanic applicants. In … Continue Reading

Reflections On The Meaning Of McReynolds v. Merrill Lynch

Posted in Settlement Issues

By Gerald L. Maatman, Jr.

We blogged on the $160 million settlement in McReynolds this past week, and employers and the news media have been talking about its implications ever since.

The case presents multiple take-aways, including the viability of re-booted certification theories pursued by plaintiffs’ class action attorneys in the post-Wal-Mart Stores, Inc. v. Dukes world, as well as … Continue Reading

How A Ruling Shapes A $160 Million Class Action Settlement

Posted in Settlement Issues

By Gerald L. Maatman, Jr. and David Ross

Our Annual Workplace Class Action Report analyzes the top ten settlements each year in various categories of complex workplace litigation, including employment discrimination, wage & hour, ERISA, and governmental enforcement litigation. As analyzed in Chapter 2 of our Annual Reports, employment discrimination settlements have waned since Rule 23 certification standards were … Continue Reading

Not So Fast: Third Circuit Refuses To Overturn Denial Of Rule 23 Settlement Class Based On Wal-Mart Stores, Inc. v. Dukes

Posted in Settlement Issues

By Gerald L. Maatman Jr. and Howard M. Wexler

In a well-reasoned and very important decision for all class action practitioners, the U.S. Court of Appeals for the Third Circuit recently ruled in Rodriguez, et al. v. National City Bank No. 11-8079 (3d Cir.  Aug. 12, 2013), that a District Court did not abuse its discretion in refusing to approve … Continue Reading

Biggest Fee Award Of The Year Approved In A Discrimination Case – Over $90 Million

Posted in Class Certification, Settlement Issues

By Rebecca Bjork and Gerald L. Maatman, Jr.

Multi-million dollar attorneys’ fee awards in complex class action cases are not unusual. Those who litigate them can spend literally thousands of hours engaged in discovery, motion practice, pre-trial preparation, and more. Often taken on a contingency fee basis, such lawsuits can take years to resolve with no guarantee of success for those … Continue Reading

Don’t Overlook The Importance Of A Sound Notice Program In Settling Class Action Litigation

Posted in Settlement Issues

By Gerald L. Maatman, Jr. and Scott Pearson

Although defendants often settle class actions to “buy peace” through class-wide releases, it is well-established that class releases will not be enforced in certain situations, such as when notice to the settlement class is deemed inadequate. In Hecht v. United Collection Bureau, 2012 U.S. App. LEXIS 17374 (2d Cir. Aug. 17, … Continue Reading

Wine and Roses, Part III: District Court Sanctions Class Counsel For Improper Expense Requests

Posted in Settlement Issues

By Chris Palamountain

We have written a number of blog posts about Judge Quackenbush’s displeasure with certain class counsel arising from a request for an award of attorneys’ fees, costs, and expenses submitted in the U.S. District Court for the Eastern District of Washington in Plumbers Union Local No. 12 Pension Fund v. Ambassadors Group Inc., No. CV-09-214 (E.D. Wash.). During … Continue Reading

Court Approves Race Discrimination Class Settlement Despite Hundreds Of Objections

Posted in Class Action Litigation, Settlement Issues

By Gerald L. Maatman, Jr. and Howard Wexler

A settlement approval decision in New Jersey federal court earlier this week stands as a reminder of the realities, and complexities, of settling class action lawsuits. Judge Katharine S. Hayden of the U.S. District Court for the District of New Jersey put the U.S. Justice Department’s class action claim against the State of New Jersey and the New Jersey Civil … Continue Reading

Enough Is Enough: Employers Take A Stand Against The EEOC’s Enforcement Tactics

Posted in Settlement Issues

By Christopher DeGroffLaura J. Maechtlen, and Claudia Y. S. Wilson

Three large trade groups representing millions of the country’s businesses and employers entered the appellate fray last Thursday with their filing of an amicus brief before the Sixth Circuit in EEOC v. Peoplemark, Inc. As we previously reported here and here, EEOC v. Peoplemark stems from a Michigan district court’s … Continue Reading

Wine and Roses, Part II: District Court Initiates Disciplinary Proceedings Following Class Counsel’s Improper Expense Requests

Posted in Settlement Issues

By Chris Palamountain and Brian Wong

A few months ago, we wrote about an interim decision in Plumbers Union Local No. 12 Pension Fund v. Ambassadors Group Inc., No. CV-09-214-JLQ, 2012 U.S. Dist. LEXIS 26232 (E.D. Wash. Feb. 28, 2012), in which Judge Quackenbush of the U.S. District Court, Eastern District of Washington was contemplating disciplinary action against class counsel … Continue Reading