By Christopher DeGroff, Gerald L. Maatman, Jr., and Lily M. Strumwasser
This week the Fourth Circuit put its foot down on a decision almost eleven years in the making, ordering the government to pay Propack Logistics $189,113.50 in attorneys’ fees. This welcome news brings the EEOC’s long battle in EEOC v. Propak Logistics
By Gerald L. Maatman, Jr. and Howard M. Wexler
In a case we previously blogged about, EEOC v. Womble Carlyle Sandridge & Rice, LLP, 13-CV-46 (E.D.N.C. Mar. 24, 2014), Magistrate Judge L. Patrick Auld held the EEOC liable for spoliation sanctions based on the “negligence, if not gross negligence” exhibited by the charging party
By Christopher DeGroff and Michael Fleischer
A Win For Transparency
Yesterday, in the U.S. District Court for the District of Massachusetts, the Court turned the tables on the EEOC on a controversial subpoena issue. The EEOC has traditionally used broad subpoenas attempting to extract sensitive and expansive information from employers in cases around the country.
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
By Rebecca S. Bjork and Gerald L. Maatman, Jr.
The Supreme Court has granted certiorari to review a decision of the Second Circuit holding that securities fraud plaintiffs “may not circumvent” the statute of repose in Section 13 of the Securities Act of 1933 by invoking a class action tolling rule established by the Supreme
By Laura J. Maechtlen and Brian Wong
In the U.S. District Court for the Northern District of California, the war continues over pre-certification access to the personal information of potential Rule 23 class members. In Wellens v. Daiichi Sankyo Inc., Case. No. C-13-00581-WHO (N.D. Cal. March 5, 2014), the latest of many discovery battles on
By Christopher DeGroff and Paul Kehoe
Yesterday, the EEOC held a public meeting entitled Social Media In The Workplace: Examining Implications for Equal Employment Opportunity Law. The Commissioners welcomed five individuals to testify regarding how the ever-changing social media platforms impact the workplace in areas such as recruitment and hiring, harassment, records retention, and
On March 7, 2014, Judge Gerald Rosen of the U.S. District Court for the Eastern District of Michigan issued an opinion and order fully reinstating his September 13, 2013, order granting the plaintiffs’ motion for class certification in Cason-Merenda v. VHS of Michigan, Inc., Case No. 06‑15601, 2014 U.S. Dist.
By Gerald L. Maatman, Jr. and Jennifer A. Riley
On March 10, 2014, Judge Richard J. Arcara of the U.S. District Court for the Western District Of New York adopted Magistrate Judge McCarthy’s January 2, 2014 Report, Recommendation, And Order in EEOC v. Sterling Jewelers Inc., Case No. 08-CV-706 (W.D.N.Y. March 10, 2014),
By Gerald L. Maatman Jr. and Howard M. Wexler
The end of daylight savings is not the only reason why employers within the Second Circuit need to be paying extra close attention to their clocks. It is not uncommon for an employer faced with a lawsuit alleging unlawful discrimination, harassment, or retaliation to be sued
