motion to dismiss

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By Gerald L. Maatman, Jr. and Sarah K. Bauman

Seyfarth Synopsis: On August 30, 2021, in Massone, et al. v. Washington, No. 20-CV-7906, 2021 WL 3863081(S.D.N.Y. Aug. 30, 2021), the U.S. District Court for the Southern District of New York dismissed a lawsuit brought by the U.S. Security Officers Union (the “Union”) on behalf of its members (“CSOs”) against…
Continue Reading Federal Court Concludes That Security Officers Union Lacks Standing To Sue On Behalf Of Its Members For COVID-19-Related Workplace Injuries

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  In EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the EEOC filed a lawsuit on behalf of a claimant against her employer, alleging it subjected to her to a hostile work environment and retaliation after she was sent home for complaining about a supervisor’s …
Continue Reading Federal Court Denies Employer’s Motion To Dismiss EEOC-Initiated Sexual Harassment Lawsuit

By Gerald L. Maatman, Jr. and Jennifer A. Riley

Seyfarth Synopsis: In the first ruling in response to the slew of room and board refund class actions filed in the wake of COVID-19, on July 29, 2020, in Rosenkrantz v. Arizona Board of Regents, No. 2:20-CV-01203 (D. Ariz.), Judge John Tuchi of the U.S. District Court for the District …
Continue Reading Universities Prevail On Technicality In First Ruling Testing Viability Of COVID-19 Room And Board Refund Class Actions

By Gerald L. Maatman, Jr. and Lauren E. Becker

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with respect to their disparate treatment and disparate impact theories of Title VII claims relied on to support their motion for …
Continue Reading Federal Court Leaves Opportunity For A “Compelling” Exhaustion Argument

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis: A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to stay so that the Commission could amend its deficient pre-suit letters of determination …
Continue Reading Dismissal Denied In EEOC Race Discrimination Action Against Security Company

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC charge, the Tenth Circuit reversed the dismissal of the EEOC’s unlawful-interference claim, citing the employer’s introduction of a…
Continue Reading Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

thYGT7TBUXBy Gerald L. Maatman, Jr. and Reanne Swafford-Harris

Seyfarth Synopsis: Relief sought in age discrimination litigation is limited to the specific remedies described in the Age Discrimination in Employment Act (“ADEA”).

In a ruling on April 26, 2016, in K.H., et al., v. Secretary of The Department of Homeland Security, Case No. 15-CV-02740 (N.D. Cal. Apr. 26, 2016), Judge…
Continue Reading Court Curtails Relief For Age Discrimination Collective Action Litigation

Connecticut-sealBy Gerald L. Maatman, Jr. and Alex W. Karasik

Anti-discrimination laws command that “thou shall not retaliate…” The recent ruling in EEOC v. Day & Zimmerman NPS, Inc., Case No. 15-CV-01416 (D. Conn Apr. 12, 2016), is a case study in how employers can be taken to task for allegedly retaliating against workers who claim discrimination.

In this case,…
Continue Reading Dismissal Denied For Discussing Disability: EEOC Case Against Employer Survives

Seal_of_the_U_S__District_Court_for_the_Northern_District_of_TexasBy Gerald L. Maatman Jr. and Christina M. Janice

In an order recently issued in James Robinson III, et al. v. General Motors Company, et al., Case No. 15-CV-158-Y (N.D. Tex. Oct. 21, 2015), Judge Terry R. Means of the U.S. District Court for the Northern District of Texas denied class certification to two employees of General Motors Company…
Continue Reading Court Denies Class Certification On Religious Discrimination Claims

By Gerald L. Maatman, Jr. and Kathryn “Chris” Palamountain

A recent Texas Court of Appeals case involving claims of human trafficking of workers recruited in the Philippines and brought to work in Texas provides insight into how principles of international comity may be applied in Texas state courts in the class action context. This ruling – Villareal v. International Plant …
Continue Reading Texas Court Finds That Comity Is No Barrier To Human Trafficking Class Action Claims Brought By Filipino Workers