apple-full2.jpgBy Christopher J. DeGroff and Gerald L. Maatman, Jr.

Courts across the nation continue to weigh in on the Equal Employment Opportunity Commission’s systemic investigation and conciliation tactics. While there is a growing split within the courts, the notion that EEOC litigation is not like monopoly – “just pass go, and collect money by virtue of suing…” – is a

Continue Reading Do Not Pass Go, Do Not Collect Money From Employers That Are Sued – The EEOC’s Pre-Suit Investigation and Conciliation Tactics Criticized Again

ndil seal.gifBy Gerald L. Maatman, Jr. and Jennifer A. Riley

After suffering a serious blow to its systemic investigation and conciliation tactics last week, the EEOC received a better result on May 11, 2012, when Judge Ruben Castillo of the U.S. District Court for the Northern District of Illinois rejected defense arguments in EEOC v. United Road Towing, Inc., Case

Continue Reading New Decision On The EEOC’s Pre-Suit Investigation Requirement, Giving Nod To Investigation And Conciliation Tactics Criticized By Eighth Circuit

Eighth Circuit Seal.jpgBy Gerald L. Maatman, Jr., Chris DeGroff, and Brian Wong

On the heels of its resounding loss on May 8, 2012 at the hands of an Eighth Circuit panel in EEOC v. CRST Van Expedited, Inc., Case Nos. 09-3764, 09-3765 & 10-1682 (8th Cir. May 8, 2012), the EEOC has renewed its petition for rehearing – again

Continue Reading The EEOC Makes Another Plea To The Eighth Circuit In EEOC v. CRST Van Expedited, Inc.

Eighth Circuit Seal.jpgBy Gerald L. Maatman, Christopher DeGroff, and Brian Wong

As the U.S. Equal Employment Opportunity Commission this week can attest, what one hand giveth, the other may taketh away. 

Just one day after vacating its already well known February 22, 2012 opinion and judgment in EEOC v. CRST Van Expedited, Inc., 670 F.3d 897 (8th Cir. 2012)

Continue Reading 8th Circuit Grants EEOC Petition For Rehearing In The CRST Litigation, But Holds Against The EEOC Again And Renews Its Criticism Of Improper EEOC Investigation And Conciliation Tactics

gavel.jpgBy Timothy Haley and Gerald L. Maatman, Jr. 

On March 21, 2012, we attended the Federal Bar Association panel discussion on the future of class actions in the Seventh Circuit. U.S. District Court Judge Ruben Castillo moderated the panel discussion, that included Judge Diane Wood of the U.S. Court Of Appeals for the Seventh Circuit, one of the circuit judges who recently

Continue Reading Federal Bar Association Panel Discussion On Rule 23 – Evolving Issues For Workplace Class Actions

court2.bmpBy Gerald L. Maatman, Jr. and Chris Palamountain

Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), continues to be a focal point in appellate review of class certification decisions, and federal appellate courts are rejecting attempts to limit or distinguish the Supreme Court’s latest jurisprudential guidelines. Employers should note, however, that what the Supreme Court’s decision gives in

Continue Reading Eighth Circuit Rejects Class Claims Based On Attempts To Distinguish Dukes While Affirming Judgment On Individual Claims Based In Part Upon Evidence Concerning Third Parties