eeocseal.jpgBy 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.

Continue Reading EEOC Cannot Prove Disparate Impact Claim As Court Throws Cold Water On Its “Race-Rating” Theory

Thumbnail image for SupremeCourt.jpgBy 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

Continue Reading SCOTUS Returns To Class Action Issues In Today’s Oral Argument Regarding The “Battle Of The Experts”

SupremeCourt.jpgBy 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

Continue Reading The Next Big SCOTUS Rule 23 Ruling?

Thumbnail image for SupremeCourt.jpgBy 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

untitled.bmpBy 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

Continue Reading Use Of Expert-Driven Formulas In Doling Out Over $128 Million In Class Action Remedies

Texas%20Fishing%20Online%20Map.jpgBy 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

Continue Reading Sasquatch Sightings And Other Improbable News: Texas Court Of Appeals Awards Lodestar Enhancement

3rd_Circuit_seal.jpgBy 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