wdpa.jpgBy Anthony Califano and Lynn Kappelman

On April 12, 2013, a federal judge in the Western District of Pennsylvania issued an order striking Plaintiff’s class claims in Semenko v. Wendy’s International. Inc., No. 12-CV-00836 (W.D. Pa. April 12, 2013). Specifically, the Court held that Semenko’s purported class-wide disability discrimination claims did not satisfy Fed.R.Civ.P. 23(a) or (b), and thus Wendy’s

Continue Reading Pennsylvania Federal Court Strikes Class Action Claims In Disability Discrimination Case

social-networking-success.jpgBy Gerald L. Maatman, Jr. and Jennifer A. Riley

On March 25, 2013, Magistrate Judge Steven C. Mannion of the U.S. District Court for the District of New Jersey issued his opinion in Gatto v. United Air Lines, et al., No. 2:10-CV-0190 (D.N.J. March 25, 2013), and imposed sanctions in the form of an adverse inference on plaintiff for deleting

Continue Reading Court Sanctions Employee For Deleting Facebook Account

udco.bmpBy Christopher DeGroff and Gerald L. Maatman, Jr.

In yet another case regarding discovery of social media content, Magistrate Judge Michael E. Hegarty of the U.S. District Court for the District of Colorado recently sanctioned the EEOC for its efforts to evade discovery of social media content in EEOC v. The Original Honeybaked Ham, No 11-CV-2560 (D. Colo. Feb. 27

Continue Reading District Court Sanctions The EEOC For Thwarting Discovery Of Social Media Content

120px-US_DC_NorCal_svg.pngBy Gerald L. Maatman, Jr. and Laura J. Maechtlen

As our blog readers may remember, the fourth amended complaint filed by plaintiffs in Dukes v. Wal-Mart Stores, Inc., No. 3:01-CV-02252 (N.D. Cal.), alleges class-based gender discrimination claims very similar to those originally alleged (before plaintiffs suffered their defeat before the U.S. Supreme Court in Wal-Mart Stores, Inc. v. Dukes

Continue Reading Broad Discovery Allowed By Magistrate Judge In Plaintiffs’ Quest To Certify A Class In The Dukes v. Wal-Mart Litigation

section_social_media_marketing.pngBy Christopher DeGroff and Gerald L. Maatman, Jr.

Social media has become an integral part of modern society. Legal issues involving social media and discovery are complex, and evolving. On social media websites, people share information and pictures with friends, family, and even the unknown. Often, employees will communicate with other co-workers on an online forum and discuss their jobs. In EEOC v.

Continue Reading Testing The Social Media Waters – Court Requires The EEOC To Produce Facebook Postings

edpa.gifBy Christopher DeGroff and Gerald L. Maatman, Jr.

It is a common occurrence when litigating against the EEOC to face controversies concerning the scope of discovery in administrative investigations. After all, discovery can help the EEOC put together the building blocks of its case. Increasingly, the Commission resorts to its subpoena power to launch broad-scale discovery in its administrative investigations.

Continue Reading Court Reinforces The EEOC’s Subpoena Power, But Prohibits The Agency From Disclosing Confidential Information

Thumbnail image for SupremeCourt.jpgBy Christopher DeGroff and Gerald L. Maatman, Jr.

The explosive ruling in EEOC v. CRST Van Expedited, Inc., 670 F.3d 897 (8th Cir. 2012), in which the Eighth Circuit reversed and remanded the U.S. District Court for the Northern District of Iowa’s order that sanctioned the EEOC a whopping $4.5 million, is easily a contender for our “Top 5

Continue Reading The EEOC Declines To Ask The Supreme Court To Hear EEOC v. CRST

3rd_Circuit_seal.jpgBy Gerald L. Maatman, Jr. and Jennifer Riley

On September 14, 2012, the U.S. Court of Appeals for the Third Circuit issued another opinion in EEOC v. Kronos, Inc., No. 2:09-MC-00079 (3d Cir. Sept. 14, 2012) (“Kronos II”), addressing an ongoing controversy concerning the scope of the EEOC’s subpoena power. (Click here for our previous post on this

Continue Reading Third Circuit Reaffirms EEOC’s Broad Subpoena Power In Mixed Ruling For Employers

maryland seal.bmpBy Christopher DeGroff and Gerald L. Maatman, Jr.

Recently, in EEOC v. Freeman, No. 09-CV-2573 (D. Md. Aug. 14, 2012), the U.S. District Court for the District of Maryland put the kibosh on the EEOC’s efforts to avoid depositions of its officials to inquire about their use of criminal background checks and credit histories in the EEOC’s own hiring

Continue Reading The EEOC Is Ordered To Show What’s Behind The Agency’s Curtain In Background Checking Suit

seal.jpgBy Christopher DeGroff and Gerald L. Maatman, Jr.

The U.S. Court of Appeals for the Eighth Circuit gave the EEOC a potential reprieve from a stunning $4.467 million fees and expenses award this past week in EEOC v. CRST Van Expedited, Inc., Case Nos. 09-3764, 09-3765 & 10-1682 (8th Cir. Feb. 22, 2012), but in the process the decision dealt the

Continue Reading EEOC Escapes Fee Award (For Now) In The Eighth Circuit, But Suffers Significant Blow To Its Investigation And Conciliation Tactics