By Chris DeGroff and Brian Wong
In the world of EEOC systemic enforcement, court-imposed injunctive relief accompanies nearly every settlement of Title VII claims. The parties memorialize this relief in the form of a consent decree to be approved by the Court and entered as an enforceable order. Though the parties and the public tend to focus primarily on the
Continue Reading The Need For Vigilance: The EEOC Comes Back For A Second Bite Of An Employer After A Settlement
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Rebecca S. Bjork
We have been following developments in an important case regarding judicial review of the EEOC’s statutory obligations to try and resolve discrimination complaints in conciliation before filing suit. Today, the Supreme Court decided to take up consideration of this issue, granting certiorari in Mach Mining, LLC
Continue Reading SCOTUS Agrees To Consider Scope Of The EEOC’s Statutory Duty To Conciliate
By Gerald L. Maatman, Jr., and Alexis P. Robertson
On June 20, 2014, the U.S. Court of Appeals for the Eighth Circuit reversed a district court’s dismissal of a request by the NFL Players’ Association and several NFL players (collectively, the “Association”) to set aside and reopen an earlier Stipulation and Settlement Agreement with the National Football League (“NFL”).
Continue Reading Eighth Circuit Allows NFL Players To “End Run” Class Action Settlement
By Laura J. Maechtlen and Brian Wong
The U.S. District Court for the Northern District of California recently published guidance for submission of class action settlements for preliminary and final approval. The Court’s guidance, available here, is a helpful chart for employers currently navigating the rocky shoals of class action settlement.
The guidance includes detailed suggestions as to what
Continue Reading Northern District Of California Publishes Guidance For Submission Of Class Action Settlements
By Gerald L. Maatman, Jr., Jennifer Riley, and Alexis Robertson
On June 2, 2014, the U.S. Court of Appeal for the Seventh Circuit overturned approval of a class action settlement that it described as “inequitable” and “even scandalous.” The decision, Eubank v. Pella, Nos. 13-2091, 13-2133, 13-2136, 13-2162 & 13-2202 (7th Cir. June 2, 2014), is a
Continue Reading Seventh Circuit Rejects “Scandalous” Class Settlement
By Laura J. Maechtlen and Brian Wong
On May 20, 2014, the California Department of Fair Employment and Housing (“DFEH”) announced the impending settlement of its high-profile systemic action against the Law School Admission Council, Inc. (“LSAC”). Our ongoing coverage of this case, DFEH v. Law School Admission Council, Inc., No. 12-CV-1830, can be found here and here.
Continue Reading The California DFEH Secures A Multimillion Dollar Settlement In Its High-Profile Systemic Action Against The Law School Admission Council
By Reema Kapur and Alexis P. Robertson
On May 6, 2014, the U.S. Court of Appeals for the Tenth Circuit in Miller v. Basic Research, LLC, No.13-4048 (10th Cir. May 6, 2014), dismissed defendant’s appeal of a district court’s order enforcing a class settlement agreement, over defendant’s objection. The Tenth Circuit held that the case was an
Continue Reading Abandoning Class Action Settlement Negotiation Short of Final Agreement May Result In Issuance Of Class Notice Prior To Appellate Review
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 New York City Agrees To Pay $98 Million To Settle High Profile FDNY Discrimination Class Action
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
Continue Reading Reflections On The Meaning Of McReynolds v. Merrill Lynch
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 How A Ruling Shapes A $160 Million Class Action Settlement
