March 2015

thCAD0SFA4By Christopher M. Cascino and Gerald L. Maatman, Jr.

The EEOC recently announced reaching its largest settlement in the last 2 years in EEOC v. Patterson-UTI Drilling Co. LLC, No. 15-CV-600 (D. Colo. Mar. 24, 2015). In this case, Patterson-UTI agreed to settle a race and national origin pattern or practice claim brought by the EEOC for $12.2 million.
Continue Reading The EEOC Snares A $12.2 Million Settlement In Colorado, Representing More Than Half The $22.5 Million The EEOC Recovered In The Entirety Of FY 2014

thCAD0SFA4By William David and Laura Maechtlen 

In 2011, the U.S. Equal Employment Opportunity Commission (EEOC) invited the public to comment on how its significant regulations could be improved by modifying, streamlining, expanding, or repealing them.  Since opening its doors for public comments, the EEOC has received 93 comments.  The EEOC summarized and responded to these comments, which are publicly available…
Continue Reading It’s So Nice, The EEOC Wants To Hear Your Input Twice: The EEOC Seeks Public Feedback On Its Regulations Again!

gavelBy Christopher M. Cascino and Gerald L. Maatman, Jr.

In Downing v. Riceland Foods, Inc., Case No. 4:13-CV-321 (E.D. Mo. Mar. 19, 2015), Judge Catherine D. Perry of the U.S. District Court for the Eastern District of Missouri certified a class of former MDL plaintiffs and plaintiffs’ counsel who brought suit against one of their co-plaintiffs seeking compensation for MDL …

Continue Reading Federal Court Certifies Class Action Seeking Recovery For Former Co-Plaintiff’s Use Of Work Product Under Unjust Enrichment Theory

00-money-bagBy Courtney Bohl, Christopher DeGroff, and Gerald L. Maatman, Jr.

On March 18, 2015, in EEOC v. Global Horizons, Inc., et al., Case No. 2:11-CV-03045, Judge Edward F. Shea of the U.S. District Court for the Eastern District of Washington ordered the EEOC to pay defendants Green Acre Farms, Inc. and Valley Fruit Orchards, LLC (collectively “Grower Defendants”)…
Continue Reading Court Orders EEOC To Pay Defendants’ Attorney’s Fees For “Baseless, Unreasonable and Frivolous” Lawsuit

9th-circuitBy Christopher M. Cascino and Gerald L. Maatman, Jr.

In Baker v. Microsoft Corp., No. 12-35946, 2015 U.S. App. LEXIS 4317 (9th Cir. Mar. 18, 2015), the U.S. Court of Appeals for the Ninth Circuit considered whether to adopt a rule creating a principle of comity between different federal district courts under which denial of class certification in one district…
Continue Reading Ninth Circuit Opinion Suggests Potential Tool To Oppose Certification Of Successive Class Or Collective Actions

250px-US-CourtOfAppeals-10thCircuit-SealBy Gerald L. Maatman, Jr., and Alexis P. Robertson

On March 16, 2015, in EEOC v. Beverage Distributors Co., LLC, No. 14-1012 (10th Cir. 2014), the U.S. Court of Appeal for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred by providing improper jury instructions on the direct-threat defense under the Americans With…
Continue Reading Tenth Circuit Clarifies ADA Direct-Threat Defense For EEOC Litigation

imagesBy Pam Devata, John Drury, and Robert Szyba

On March 13, 2015, the Solicitor General of the United States filed an amicus brief opposing the petition for writ of certiorari filed in Spokeo, Inc. v. Robins, No. 13-1339 (U.S.). The Spokeo petition poses a question with a significant impact on the future scope of consumer and workplace-related…

Continue Reading Solicitor General Opposes Supreme Court Review Of Whether A Plaintiff Has Standing Where There Is No Injury In Fact, But Only A Statutory Violation

chart-arrow-upBy Christopher M. Cascino and Gerald L. Maatman, Jr.

On March 10, 2015, the Administrative Office Of The U.S. Courts released its annual statistics, showing the number of cases filed by subject matter during the 12-month periods ending September 30, 2009 through September 30, 2014. These statistics confirm what we reported in our 11th Annual Workplace Class Action Litigation…
Continue Reading Statistics Released By The Administrative Office Of The U.S. Courts Confirm That Wage & Hour Cases Represent The Most Significant Exposure To Employers Under Workplace Laws

southern district new yorkBy Gerald L. Maatman, Jr. and Gina R. Merrill

In 2010, three women filed a class action suit against Goldman Sachs accusing it of gender bias and a “corporate culture” that allegedly favored men over women in determining pay and promotions.  After protracted battles over whether Goldman could compel individual arbitration and then over the scope of discovery, the issue…
Continue Reading “Law of the Case” Sinks Class Certification Of Systemic Gender Discrimination Claims

00-money-bagBy Christopher M. Cascino and Gerald L. Maatman, Jr.

In Montgomery v. Kraft Foods Global, Inc., No. 1:12-CV-00149 (W.D. Mich. March 2, 2015), Judge Gordon J. Quist of the U.S. District Court For The Western District of Michigan cut the attorneys’ fee award of the plaintiff’s counsel from a requested $183,168.50 to $6,417 in a decertified class action…
Continue Reading Court Orders Dramatic Reduction Of Requested Fee Award In Failed Class Action