Seyfarth Synopsis: On July 14, 2020, Judge James Donato of the U.S. District Court for the Northern District of California became the latest to deny appointment of class counsel in a class action based on lack of diversity,...more
Seyfarth Synopsis: In the latest development in the ultra-high stakes nationwide Prescription Opiate Litigation, the U.S. Court of Appeals for the Sixth Circuit granted the petition for writ of mandamus brought by twelve...more
Seyfarth Synopsis: Following an uptick in confirmed diagnoses of COVID-19 and the State’s first deaths from the virus, Governor Mike DeWine announced an Ohio Department Of Health “Director’s Order” on March 22, 2020. ...more
On Thursday, March 12, Seyfarth issued a flash survey to our clients to get a pulse on employer reactions and benchmark their responses to the COVID-19 crisis. The questions covered a broad range of employer issues raised by...more
Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more
1/16/2020
/ Americans with Disabilities Act (ADA) ,
Class Action ,
Class Certification ,
Class Members ,
Disability Discrimination ,
Discovery ,
Employer Liability Issues ,
FRCP 23 ,
FRCP 23(a) ,
FRCP 23(b)(2) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Lost Evidence ,
Numerosity ,
Psychiatric Hospitals ,
Rape ,
Reasonable Accommodation ,
Rehabilitation Act ,
Section 504 ,
Sexual Assault
Seyfarth Synopsis: In the latest development in the ultra-high stakes nationwide Prescription Opiate Litigation, the U.S. Court of Appeals for the Sixth Circuit recently granted the petition of six Ohio cities to appeal the ...more
11/18/2019
/ Appeals ,
Class Action ,
Class Certification ,
Drug & Alcohol Abuse ,
FRCP 23 ,
FRCP 23(f) ,
Health Care Providers ,
Interlocutory Appeals ,
Lump Sum Payments ,
Municipalities ,
Opioid ,
Pain Management ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Public Health ,
Public Safety ,
Settlement ,
Settlement Negotiations ,
Substance Abuse
Seyfarth Synopsis: In complex class actions, courts have looked to Rule 23 to authorize class actions either for trial, or for approval of a previously negotiated settlement. Now as thousands of public entities nationwide...more
9/16/2019
/ Class Action ,
Class Certification ,
Corporate Counsel ,
Drug & Alcohol Abuse ,
Due Process ,
FRCP 23 ,
Manufacturers ,
Multidistrict Litigation ,
Opioid ,
Pain Management ,
Pharmaceutical Industry ,
Pharmacies ,
Public Entities ,
Public Funds ,
Reimbursements
Seyfarth Synopsis: On March 29, 2019, in Ahad v. Board of Trustees of Southern Illinois University, et al., Case No. 15-CV-3308 (C.D. Ill. Mar. 29, 2019), Judge Sue E. Myerscough of the U.S. District Court for the Central...more
4/4/2019
/ Collective Actions ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Physicians ,
Wage and Hour
Seyfarth Synopsis: On February 4, 2019, in Woods-Early v. Corning Corp., Case No. 18-CV-6162, a race discrimination class action, Judge Frank P. Geraci, Jr. of the U.S. District Court for the Western District of New York...more
Seyfarth Synopsis: Following the NLRB’s expansion of the definition of “joint employer” in the high-profile Browning-Ferris case and the employer’s subsequent appeal to the D.C. Circuit, the EEOC filed an amicus brief...more
Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing...more
9/2/2016
/ ADEA ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Causation ,
EEO ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
GINA ,
New Guidance ,
Protected Activity ,
Reasonable Accommodation ,
Retaliation ,
Title VII
Seyfarth Synopsis: With the publication of a ten-year review of its systemic discrimination program on July 7, 2016, the EEOC seeks to blunt employer and judicial scrutiny of the EEOC’s litigation practices by emphasizing its...more
Seyfarth Synopsis: In a landmark case for EEOC litigation involving fee sanctions, while employer CRST successfully argued that a ruling “on-the-merits” is not necessary to be a prevailing party, the SCOTUS remanded the case...more
Yesterday the U.S. Supreme Court heard oral arguments in EEOC v. CRST Van Expedited, Inc.
Involving the largest fee sanction award ever levied against the EEOC – nearly $4.7 million – EEOC v. CRST Van Expedited, Inc....more
In high-stakes litigation brought by the EEOC against trucking company CRST Van Expedited, Inc., (“CRST”), CRST recently submitted its final reply brief before the U.S. Supreme Court hears oral argument in the case later this...more
As we recently blogged here, EEOC v. CRST Van Expedited, Inc. is an important case on the Supreme Court’s docket that employers absolutely need to monitor. At issue is whether attorneys’ fees are appropriate in instances...more
As we blogged earlier this week, the death of U.S. Supreme Court Justice Antonin Scalia on February 13 has sent shockwaves throughout the halls of power in Washington, D.C. The balance within the U.S. Supreme Court between...more
Make no mistake, the role of Justice of the U.S. Supreme Court profoundly impacts the balance of power among the branches of our government. Now, with the untimely passing of Justice Antonin Scalia on February 13, the void...more
2/15/2016
/ Affirmative Action ,
Affordable Care Act ,
Antonin Scalia ,
Contraceptive Coverage Mandate ,
Corporate Counsel ,
Judicial Appointments ,
Nominations ,
SCOTUS ,
Spokeo v Robins ,
Tyson Foods v Bouaphakeo ,
Young Lawyers
On February 11, 2016, the EEOC released its Fiscal Year 2015 Enforcement Data, which tracked closely with the observations and analyses that we published for our readers over a month ago in EEOC-Initiated Litigation: Case Law...more
EEOC v. CRST Van Expedited, Inc. is a key case for all employers.
We have been tracking the developments in this case since its inception. Now it has reached the U.S. Supreme Court on the issue of whether attorneys’...more
Following the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S.Ct. 1645 (2015), which held that a judge may review whether the EEOC satisfied its statutory obligation to attempt conciliation before filing...more
In a new order issued on November 13, 2015 in Brand, et al. v. Comcast Corp., Case No. 11-CV-8471 (N.D. Ill. Nov. 13, 2015), a matter we have previously blogged on here, Judge Matthew F. Kennelly of the U.S. District Court...more
In a recent order in Medici, et al. v. City of Chicago, Case No. 15 C 5891, 2015 WL 6501153 (N.D. Ill. Oct. 27, 2015), Judge Charles P. Kocoras of the U.S. District Court for the Northern District of Illinois dismissed a...more
11/6/2015
/ Appearance Policy ,
Balancing Test ,
Class Action ,
Class Certification ,
Compelling Governmental Interest ,
Declaratory Judgments ,
Dress Codes ,
First Amendment ,
Free Speech ,
Personal Expression ,
Police ,
Public Employees ,
Public Interest ,
Tattoo Policy ,
Uniforms
In an order recently issued in James Robinson III, et al. v. General Motors Company, et al., Case No. 15-CV-158-Y (N.D. Tex. Oct. 21, 2015), Judge Terry R. Means of the U.S. District Court for the Northern District of Texas...more
10/29/2015
/ Ascertainable Class ,
Class Action ,
Class Certification ,
General Motors ,
Injunctions ,
Leave to Amend ,
Motion to Dismiss ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Unpaid Leave
In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more
10/9/2015
/ Conciliation ,
Corporate Counsel ,
Disparate Treatment ,
Dress Codes ,
Equal Employment Opportunity Commission (EEOC) ,
Estoppel ,
Exhaustion Doctrine ,
Genuine Issue of Material Fact ,
Hiring & Firing ,
Judicial Review ,
Laches ,
Muslims ,
Popular ,
Protected Activity ,
Religious Accommodation ,
Religious Discrimination ,
Sex Discrimination ,
Statute of Limitations ,
Summary Judgment ,
Title VII ,
Undue Burden