Tag Archives: “sex discrimination”

D.C. District Court Refuses to Issue Preliminary Injunction Against Alleged Retaliation in Sex Discrimination Class Action

Photo of Greg MersolBy Greg Mersol on Posted in Discrimination
In the 1991 movie “Silence of the Lambs” and the book on which it was based, FBI trainee Clarice Starling is tasked with working with the now-infamous Hannibal Lector to find a serial killer. That movie won a Best Actress Oscar for Jodie Foster as well as Oscars for Anthony Hopkins and the movie’s scriptwriters … Continue Reading

Eighth Circuit Affirms $4.6 Million Fee Award Against the EEOC

Photo of Greg MersolBy Greg Mersol on Posted in EEOC
How Many Decades of Litigation is Enough? On retreating from Russia after the disastrous 1812 invasion, Napoleon famously commented, “It is but a step from the sublime to the ridiculous.” That adage applies equally well to the latest opinion in the now 14-year old dispute between the EEOC and trucking company CRST. We’ve blogged various … Continue Reading

Second Circuit Vacates District Court Judgment in Sex Discrimination Case Permitting an Arbitrator to Certify a Class Including Absent Class Members

Photo of John LewisBy John Lewis on Posted in Arbitration
In a sex discrimination case we have been following for almost six years, the Second Circuit has added a measure of rationality by vacating a lower court opinion that would have permitted an arbitrator’s certification of a class that included approximately 44,000 absent class members who had not consented to join. The three-judge panel in … Continue Reading

Pattern-or-Practice Claim Doesn’t Trump Arbitration Agreement – Karp v. CIGNA Healthcare Inc.

Photo of John LewisBy John Lewis on Posted in Arbitration, Discrimination
Once again a court has been required to consider whether a federal statutory claim might limit the reach of the Federal Arbitration Act, 9 U.S.C. § 1 et. seq. (“FAA”), and prevent arbitration of an individual discrimination claim.  This twenty-two-page decision reflects the on-going struggle by plaintiffs to discover potential exceptions to the U.S. Supreme … Continue Reading

New Jersey Court Denies Certification of Large Sex Discrimination Class in Light of Dukes

Photo of Greg MersolBy Greg Mersol on Posted in Class Certification, Title VII
In Dukes v. Wal-Mart Stores, Inc., 131 S. Ct. 2541 (2011), the Supreme Court held that it was error to certify a class of 1.6 million women alleging sex discrimination in employment. But what about a smaller, yet still enormous class? In Bell v. Lockheed Martin Corp., Case No. 08-6292 (RBK/AMD) (Dec. 14, 2011), the … Continue Reading

Sixth Circuit Affirms Summary Judgement in Multiple-Plaintiff Firefighter Case

Photo of Greg MersolBy Greg Mersol on Posted in Discrimination, Public Sector
Litigation often begets more litigation. A recent decision of the United States Court of Appeals for the Sixth Circuit reflects that even 35 years after it thought it settled a lawsuit regarding the hiring and promotion of officers in its fire department, the City of Memphis, Tennessee is still embroiled in litigation involving some of … Continue Reading
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