By: Matthew J. Gagnon

Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal EPA never required employers to show that a “factor other than sex” must be related to the job in question, contrary to arguments by many plaintiffs and commentators. This was

Continue Reading Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related

Second-Circuit-Court-of-Appeals-SealBy Gerald L. Maatman Jr. and Howard M. Wexler

On March 4, 2015, the U.S. Court of Appeals for the Second Circuit reversed a District Court’s decision to certify a class action against Nextel Communications, Inc. (“Nextel”) in Johnson, et al v. Nextel Communications, Inc., et. al., 2015 U.S. App. LEXIS 3470 (2d Cir. Mar. 4, 2015), which we previously
Continue Reading Second Circuit Overturns Rule 23 Class Certification As Individual Inquiries “Overwhelm” Class Issues

By Gerald L. Maatman, Jr. and Gina R. Merrill

On September 29, 2014, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a high-profile lawsuit brought by the EEOC – entitled EEOC v. Port Auth. of N.Y. & N.J., No. 13-2705 (2d Cir. Sept. 29, 2014) – alleging that female attorneys were underpaid as compared
Continue Reading Second Circuit Rejects EEOC Claim That “A Lawyer Is A Lawyer Is A Lawyer”

By Gerald L. Maatman, Jr. and Gina R. Merrill

Earlier this week, the U.S. District Court for the Southern District of New York certified a liability class in a Title VII suit brought against the United States Census Bureau. In Houser v. Pritzker, Case No. 10-CV-3105 (S.D.N.Y. July 1, 2014), Magistrate Judge Frank Maas found that five of eight
Continue Reading Bifurcation In The Wake Of Comcast

By Gerald L. Maatman Jr. and Howard M. Wexler

The end of daylight savings is not the only reason why employers within the Second Circuit need to be paying extra close attention to their clocks. It is not uncommon for an employer faced with a lawsuit alleging unlawful discrimination, harassment, or retaliation to be sued as well under state tort
Continue Reading Time’s Up! Second Circuit Holds That Filing Of EEOC Charge Does Not Toll Limitations Period For State-law Tort Claims

By Gerald L. Maatman, Jr. and Howard M. Wexler

On February 4, 2014 the U.S. Court of Appeals for the Second Circuit dealt the New York City Board of Education (“BOE”) a resounding defeat when it affirmed a District Court decision that allowed a class action brought by public school teachers regarding a mandatory certification test and rejected several of
Continue Reading Second Circuit Gives NYC Board Of Education An “F” In Discrimination Class Action

By Gerald L. Maatman, Jr. and Gina R. Merrill

Defendants in class action litigation in New York federal courts have historically enjoyed a favorable state law procedural rule in certain suits.  That rule, New York Civil Practice Law and Rules § 901(b) (“Section 901(b)”), prohibits class actions suits for statutory damages.  While plaintiffs may proceed on a class basis
Continue Reading Second Circuit Chimes In With Procedural Blocks To Class Action Litigation

By Gerald L. Maatman Jr. and Howard M. Wexler

There are stunners and there are non-stunners. This is a stunner…

In one of the most highly controversial class actions currently working its way through the federal court system, the U.S. Court of Appeals for the Second Circuit issued a pair of decisions (here and here) on November 13,
Continue Reading Second Circuit Upholds Decision To Reassign Controversial “Stop-and-Frisk” Class Action To A New Judge

supreme-court-seal.pngBy  Gerald L. Maatman, Jr. and Jennifer A. Riley

This morning the U.S. Supreme Court issued its long-awaited decision in American Express Co. v. Italian Colors Restaurant, No. 12-133, 570 U.S. ___ (2013). The Supreme Court reversed the Second Circuit’s prior decision and held that merchants must arbitrate their antitrust claims on an individual, bilateral basis, even though the

Continue Reading Supreme Court Upholds Enforceability Of Class Action Waivers In Arbitration Agreements

nyfd.jpg.w300h356.jpgBy Rebecca Bjork and Gerald L. Maatman, Jr.

Employers who face Title VII discrimination lawsuits in the Second Circuit now have some pretty explicit guidance on how to rebut a plaintiff’s attempt to state a prima facie case of pattern or practice employment discrimination at the summary judgment stage. That blueprint was issued by the Second Circuit yesterday in United

Continue Reading Second Circuit Pronounces New View Of The Importance Of Statistical Evidence In Firefighter Hiring Litigation In United States and The Vulcan Society, Inc., et al. v. City Of New York, et al.