By Pamela Q. Devata, Gerald L. Maatman, Jr., Jennifer A. Riley, and David J. Rowland
On January 28, 2013, Judge Patricia A. Gaughan of the U.S. District Court for the Northern District of Ohio granted summary judgment to the defense in EEOC v. Kaplan Higher Education Corp, et al., No. 10-CV-2882, 2013 U.S. Dist. LEXIS 11722 (N.D.
By Rebecca Bjork and Gerald L. Maatman, Jr.
This morning we observed oral arguments in the biggest Supreme Court Rule 23 case of this term – Comcast Corp. v. Behrend, No. 11-864 (argued Nov. 5, 2012). For those who want a taste of the arguments and questioning, the transcript is here.
The SCOTUS accepted Comcast’s petition for certiorari
By Gerald L. Maatman, Jr. and Rebecca Bjork
The next “big one” for the U.S. Supreme Court to address under Rule 23 is in Comcast Corp. v. Behrend where the issue is whether a class may be certified without resolving whether plaintiff has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on
By Gerald L. Maatman, Jr. and Jennifer Riley
On June 25, 2012, the U.S. Supreme Court granted Comcast’s petition for a writ of certiorari seeking review of the Third Circuit’s decision in Behrend v. Comcast Corp., 655 F.3d 182 (3d Cir. 2011). In the class action world, this grant of certorari is big news for employers.
The Supreme
Continue Reading U.S. Supreme Court To Review Evidentiary Requirements For Class Certification
By Rebecca Bjork and Gerald L. Maatman, Jr.
Workplace class action litigation poses enormous risks for employers. For those that play out the string and go all the way down the road to a remedies phase, an award for plaintiffs of over $128 million is a head-line grabber.
While it might be a stretch to say it should be required
By Chris Palamountain and Esteban Shardonofsky
Searches for mysterious creatures are hot again. We used to have to satisfy our curiosity by flipping through tabloids while waiting to pay for groceries or logging on to Wikipedia to stay up to date on the latest appearance of man-ape, alien, or the Loch Ness dragon. Now, entire cable television shows are dedicated to
By Rebecca Bjork and Lynn Kappelman
The recent decision of the U.S. Court of Appeals for the Third Circuit in NAACP, et al v. North Hudson Regional Fire & Rescue, Nos. 10-3965 & 10-3983, 2011 WL 6144188 (3d Cir. Dec, 12, 2011), demonstrates how employers facing disparate impact claims must have a laser-like focus on statistical analysis of hiring
Continue Reading Disparate Impact Case Turns On Battle Of The Experts