statute of limitations

By Gerald L. Maatman, Jr., Thomas E. Ahlering, Alex W. Karasik, and Sarah Bauman

Seyfarth Synopsis: On September 17, 2021, the Illinois Appellate Court issued its highly-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sept. 17, 2021), on whether a one-year or five-year statute of limitations period applies
Continue Reading The Illinois Appellate Court Issues Key Ruling On Statute Of Limitations In BIPA Class Actions

moneyBy Timothy F. Haley

Two former employees sued Microsoft Corporation (“Microsoft”) in a class action, alleging that it unlawfully suppressed their wages by entering into multiple employee non-solicitation agreements with its competitors. The case – Ryan, et al. v. Microsoft Corp., No. 14-CV-4634 (N.D. Cal.) – was spawned by the same U.S. Department of Justice (“DOJ”) investigation that eventually resulted
Continue Reading Microsoft Defeats Wage Suppression Class Action On Statute Of Limitations Grounds

clockBy Pamela Q. Devata and Courtney S. Stieber

Defendants can add a new decision to their arsenal for defending against multiple proposed class actions on the same claims. The Eleventh Circuit recently issued a decision in Ewing Industries Corporation v. Bob Wines Nursery, Inc., et al., No. 14-13842 (11th Cir. Aug. 3, 2015), holding that a proposed class action
Continue Reading Too Little, Too Late: Eleventh Circuit Rejects Multiple Bites At The Apple For Class Claims

By Gerald R. Maatman, Jr., Laura Maechtlen, and Kathryn “Chris” 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 actions against Wal-Mart. We have also explained here and here
Continue Reading No Love: Florida District Court Dismisses Class Allegations Filed As Untimely Under Eleventh Circuit’s “No-Piggyback Rule”

Sealnjd.gifBy Courtney Bohl, Gerald L. Maatman, Jr., and Laura J. Maechtlen

In EEOC v. Princeton Healthcare System, No. 3:10-CV-04126-PGS-DEA, 2012 U.S. Dist. LEXIS 150267 (D.N.J. Oct. 18, 2012), Judge Peter G. Sheridan of the U.S. District Court for the District of New Jersey recently held that the EEOC must adhere to the 300-day limitations period as set forth

Continue Reading The EEOC’s “Unique Role” Does Not Exempt The Agency From A 300-Day Limitations Period In Title VII Pattern Or Practice Cases

By Gerald Maatman and Michael Fleischer

On May 13, 2011, in Lewis, et al. v. City of Chicago, Illinois, No. 07-2052 (7th Cir. May 13, 2011), the Seventh Circuit, on remand from the U.S. Supreme Court, issued an important decision applying the Supreme Court’s ruling that plaintiffs may challenge the application of an employment practice with an alleged disparate

Continue Reading Seventh Circuit Applies Narrowing Of Employer’s Potential Statute Of Limitations Defense To Disparate Impact Claims