On September 22, 2014, in EEOC v. Vicksburg Healthcare LLC, et al., Case No. 3:13-CV-895 (S.D. Miss. Sept. 22, 2014), Judge Keith Starrett the U.S. District Court for the Southern District of Mississippi granted defendant’s motion to dismiss an EEOC lawsuit for lack of personal jurisdiction and insufficient service of process. The EEOC had
Continue Reading Court Bucks Notion That There Is Nationwide Jurisdiction If The EEOC Sues Under Title VII
Round One – Texas Loses Its Suit Against The EEOC Over Its Criminal Background Guidance
By Gerald L. Maatman Jr. and Howard M. Wexler
There continues to be growing firestorm of litigation initiated by the EEOC over hiring checks based on criminal backgrounds. In one of the most high profile cases addressing this issue (that we previously blogged about here and here,) Judge Sam R. Cummings of the U.S. District Court for the Northern District
Continue Reading Round One – Texas Loses Its Suit Against The EEOC Over Its Criminal Background Guidance
District Court Shuts Down Defense Tactic And Finds That Offer Of Judgment Does Not Moot Class Claims
By Gerald L. Maatman, Jr. and Jennifer A. Riley
On June 6, 2013, Judge Benjamin H. Settle of the U.S. District Court for the Western District of Washington issued an opinion in Canada v. Meracord, LLC, No. 12-5657 (W.D. Wash. June 6, 2012), and denied defendants’ motion to dismiss plaintiff’s claims.
In a cursory opinion, Judge Settle held that an
Strike Three, They’re Out: Wisconsin District Court Is The Third To Dismiss Class Allegations Filed Against Wal-Mart By Former Class Members
By Gerald L. Maatman, Jr. and Kathryn Palamountain
As discussed here, in the wake of the U.S. Supreme Court’s decertification of a nationwide class in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), former class members have filed a number of follow-on class actions against Wal-Mart. We have also blogged here and here that district
Court Dismisses Text-Messaging Class Action Against Lakers At The Pleading Stage
By Gerald L. Maatman, Jr. and Jennifer A. Riley
On April 18, 2013, Judge George H. Wu of the U.S. District Court for the Central District of California dismissed potentially costly class action claims against the Los Angeles Lakers in Emanuel v. Los Angeles Lakers, Case No. CV-12-9936-GW (C.D. Cal. Apr. 18, 2013), at the pleading stage.
In Emanuel
Continue Reading Court Dismisses Text-Messaging Class Action Against Lakers At The Pleading Stage
Tennessee District Court Dismisses Untimely Class Claims Filed Against Wal-Mart, But Provides Roadmap For Appellate Review
By Gerald L. Maatman, Jr. and Laura J. Maechtlen
As we discussed previously here, in the wake of the class certification denial by the U.S. Supreme Court in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), three named plaintiffs filed a third lawsuit against Wal-Mart entitled Phipps, et al. v. Wal-Mart Stores, Inc., No. 3:12-CV-01009
District Court Rejects The EEOC’s Disability Discrimination Claim And Rules That Random Alcohol Tests Do Not Violate The ADA
By Christopher DeGroff and Gerald L. Maatman, Jr.
In a unique case, the U.S. District Court for the Western District of Pennsylvania recently dismissed the EEOC’s allegations that the Defendant’s random drug and alcohol testing of probationary employees violated the ADA. The decision in EEOC v. United States Steel Corp., No. 10-CV-1283 (W.D. Pa. Feb. 20, 2013), is striking in
District Court Issues Favorable Ruling For Defendants Attempting To Eliminate Class Claims At The Pleading Stage
By Gerald L. Maatman, Jr. and Jennifer A. Riley
On January 24, 2013, Judge Samuel Der-Yeghiayan of the U.S. District Court for the Northern District of Illinois entered an order in Baker v. Home Depot USA, Inc., No 11-CV-06768 (Jan. 24, 2013), striking Plaintiffs’ class allegations, and cutting off Plaintiffs’ attempts to bring a multi-state class action at the
In Setback For Employers, District Court Permits EEOC To Pursue Claims For Unidentified Claimants Affected By Medical Leave Policy
By Gerald L. Maatman, Jr. and Jennifer A. Riley
On January 11, 2013, in a rare sua sponte reversal, Judge Robert M. Dow, Jr. of the U.S. District Court for the Northern District of Illinois reconsidered his previous rulings and allowed the EEOC to pursue claims on behalf of unidentified class members about whom it pled no detailed factual allegations.
Plaintiffs’ Claims In Wal-Mart Survive To See The Light Of Another Day – Court Denies Wal-Mart’s Request For Interlocutory Appeal
By Courtney Bohl and Laura J. Maechtlen
We previously blogged about Judge Charles R. Breyer’s September 21, 2012 Order denying Wal-Mart’s motion to dismiss the fourth amended complaint in the continuing saga of Dukes v. Wal-Mart Stores, Inc., No. 3:01-CV-02252 (N.D. Cal. Sept. 21, 2012). In the September 21 Order, Judge Breyer refused to dismiss Plaintiffs’ fourth amended complaint