Tag Archives: “disability discrimination”

Fifth Circuit Holds That Plaintiffs Too Can Waive Their Right To Arbitrate by Litigation

By John Lewis on October 28, 2020 Posted in Arbitration

Few decisions have considered when a plaintiff waives his right to arbitrate through litigation conduct, but the Fifth Circuit has now done so for the second time. In Sabatelli v. Baylor Scott & White Health, Case No. 19-50047 (5th Cir. Oct. 21, 2020), a radiologist was forced to resign and filed a lawsuit raising age … Continue Reading

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

By Greg Mersol on April 26, 2013 Posted in Discrimination, Rule 23

In the vast majority of discrimination cases, there is little dispute over whether the plaintiff is actually in a protected group. For example, in sex discrimination cases, for the most part, they are either male or female; in age cases either over or under 40. Despite the demographic changes in the country, there are few … Continue Reading

Court Dismisses EEOC ADA Class Action Complaint Under Twombly

By Greg Mersol on October 7, 2011 Posted in Class Certification, Discrimination

A recent decision from the United States District Court for the Northern District of Illinois contains three important lessons for employment class action litigation. The first is that disability cases, such as those under the Americans with Disabilities Act, are particularly hard to prosecute as a class. The second is a reminder that the parties, even if the … Continue Reading

Sixth Circuit Dismisses Class Action ADA Case

By Greg Mersol on February 24, 2011 Posted in Discrimination

Class actions alleging disability discrimination are rare. In addition to the challenges posed in other types of cases, efforts to cobble a class together face an additional layer of problems relating to the identity of the class itself. Unlike a sex discrimination case, for example, in which a class may be defined by a single … Continue Reading