By Laura Maechtlen and Brian Wong
It is not uncommon for an employer to face vague or overbroad class claims premised on one employee’s injury limited to a specific set of facts. However, in a recent ruling in Singleton v. BP Amoco Chemical Co., No. CVV-12-J-255-5 (N.D. Ala. April 3, 2012), an Alabama federal district court judge limited an
Continue Reading Standing Defenses In Class Action Litigation Under Title VII
By Christopher J. DeGroff and Gerald L. Maatman, Jr.
The EEOC promised to file bigger, higher-profile cases in 2011. The EEOC did just that, with a second straight year of a record number of systemic investigations and class-like federal court filings. Indeed, for the last five years, the EEOC’s public strategy has been to further its agenda through prosecution of
Continue Reading The Top 5 Most Intriguing Decisions In EEOC Cases Of 2011
By Gerald L. Maatman, Jr. and David Ross
Dukes issues – stemming from the U.S. Supreme Court’s seminal ruling this past spring in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) – are twisting, turning, and morphing into all types of class actions. We anticipate that 2012 will be the year that litigants and courts alike increasing
By Gerald L. Maatman, Jr. and David Ross
Virtually every class action pending in federal court has undergone a re-examination based on the U.S. Supreme Court’s holding in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011). The issues arises either based on a defense motion to strike or decertify a class based on Dukes or in the parties’
Continue Reading Another Decertification Motion Based On Dukes Has Mixed Results
By Christopher DeGroff and Matthew Gagnon
It is a fact of workplace litigation that trials of employment discrimination cases are rare – only an extremely small number of cases filed in federal district courts ever go to a jury. Most are disposed of by motions or out-of-court settlements. Given scarce funding and a dwindling government headcount, trials of EEOC-initiated lawsuits is even more of a rarity. Earlier this month
Continue Reading EEOC Wins Sweeping Injunctive Relief Following Illinois ADA Trial