By Seth Fortin, Esther Slater McDonald, and Jennifer A. Riley
Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from unsuspecting defendants. The Fourth Circuit held that TCPA plaintiffs need not
Continue Reading Fourth Circuit Affirms $61 Million Treble Damages Award in TCPA Class Action Against Marketing Agency’s Customer
By Gerald L. Maatman, Jr., Michael L. DeMarino and Rebecca S. Bjork
Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In EEOC v. Baltimore County., No. 16-2216, 2018 WL 4472062, at *1 (4th Cir.
Continue Reading Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA
By Gerald L. Maatman, Jr. and Alex W. Karasik
Seyfarth Synopsis: This Fourth Circuit ruling opens the door for the EEOC to investigate employers as a result of EEOC charges brought by unauthorized employees, even though an illegal alien worker may not be able to seek certain legal remedies.
Undocumented workers and immigration reform are part of the political debate
Continue Reading Investigating Illegal Aliens’ Charges: Fourth Circuit Says EEOC Can Serve Subpoena On Employer
By Gerald L. Maatman Jr. and Howard M. Wexler
In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here – the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of North Carolina and upheld the summary judgment dismissal of an
Continue Reading Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case
By Gerald L. Maatman, Jr., Pamela Q. Devata, and Jason Englund
Today the U.S. Court of Appeals for the Fourth Circuit dealt a lethal blow to the EEOC’s hiring check enforcement litigation in EEOC v. Freeman, No.13-2365 (4th Cir. Feb. 20, 2015). The decision affirms a summary judgment ruling by Judge Roger Titus of the U.S.
Continue Reading Fourth Circuit Deals Body Blow To EEOC Hiring Check Enforcement Litigation
By Rebecca Bjork and Gerald L. Maatman, Jr.
On July 25, 2014, a three-judge panel of the Fourth Circuit refused to accept a Rule 23(f) interlocutory appeal in a case where an employer had asked the district court to decertify a hostile work environment class in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013). In Nucor
Continue Reading Fourth Circuit Denies As Untimely A Request To Review A Decision On A Motion To Decertify A Class In Light Of Comcast v. Behrend
By Matthew Gagnon and Gerald L. Maatman, Jr.
The EEOC has taken some high-profile hits lately, see here and here, but in EEOC v. Baltimore County, No. 13-1106 (4th Cir. Mar. 31, 2014), the EEOC scored a victory against Baltimore County, Maryland, which had an employee retirement benefit plan that the EEOC alleged unlawfully discriminated against older workers
Continue Reading Fourth Circuit Upholds Decision In Favor Of EEOC: Age Was “But-For” Cause Of Disparate Treatment Of Older Employees’ Retirement Plan Contributions
By Gerald L. Maatman, Jr. and Chris Palamountain
In a recent unanimous decision – Walters, et al. v. McMahen, et al., 2012 U.S. App. LEXIS 13682 (4th Cir. July 5, 2012) – the Fourth Circuit held that Spartan-like pleading allegations were insufficient to support a workplace class action where hourly employees who claimed that their employer engaged in a conspiracy to depress their wages. On July 5
By Rebecca Bjork and Christopher J. DeGroff
The Fourth Circuit’s recent decision in Sydnor v. Fairfax County, Virginia, No. 11-1573 (4th Cir. June 19, 2012), cautions employers that the Americans With Disabilities Act’s exhaustion requirement does not force EEOC charges to be the mirror image of subsequent claims presented in court. The ruling – though not reached in a