Seyfarth Synopsis: The Illinois Supreme Court recently affirmed a state appellate court’s holding that in class action lawsuits, an effective tender made before a named plaintiff files a class certification motion satisfies...more
2/28/2020
/ Attorney's Fees ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
IL Supreme Court ,
Mootness ,
Real Estate Market ,
Rental Property ,
Statutory Violations ,
Tender Rules
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 an EEOC disability discrimination lawsuit alleging that an employer failed to accommodate and then wrongfully terminated a laundry technician with anxiety, the U.S. District Court for the Middle District...more
Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction...more
8/12/2019
/ Administrative Procedure Act ,
Article III ,
Ban the Box ,
Civil Rights Act ,
Conditional Job Offers ,
Criminal Background Checks ,
Declaratory Judgment Act ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Standing ,
Title VII
Seyfarth Synopsis: After a federal magistrate judge in California ordered the EEOC to provide written discovery responses relative to the substance its pre-suit investigation of a sex discrimination charge in EEOC v. Chipotle...more
8/8/2019
/ Adverse Employment Action ,
Chipotle Grill ,
Civil Monetary Penalty ,
Depositions ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Hiring & Firing ,
Pre-Suit Investigation ,
Retaliation ,
Sex Discrimination ,
Title VII
Seyfarth Synopsis: Over the last few years, Illinois companies have quickly become aware of the risks associated with the state’s unique biometric privacy law. Originally passed in 2008, the Illinois Biometric Information...more
7/2/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
Popular
Seyfarth Synopsis: A federal district court in Arkansas recently denied an employer’s motion for summary judgment on two EEOC-initiated ADA claims – in EEOC v. Crain Automotive Holdings LLC, No. 4:17-CV-627, 2019 U.S. Dist....more
Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more
3/29/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Fingerprints ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
Proposed Legislation
Seyfarth Synopsis: The Illinois Supreme Court held in its first ever ruling concerning the state’s Biometric Information Privacy Act (“BIPA”) that a person need not have sustained actual damage beyond technical violations of...more
Seyfarth Synopsis: On November 15, 2018, the EEOC released its annual Performance and Accountability Report (‘PAR”) for Fiscal Year 2018 – a year-end report card of sorts, and a critical publication for employers to consider...more
Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more
8/21/2018
/ Battery ,
Civil Conspiracy ,
Class Action ,
Class Certification ,
Contaminated Properties ,
Contamination ,
En Banc Review ,
Fraudulent Concealment ,
FRCP 23(b)(3) ,
FRCP 23(c)(4) ,
Groundwater ,
Hazardous Substances ,
Litigation Strategies ,
Negligence ,
Negligent Misrepresentation ,
Petition For Rehearing ,
Private Nuisance ,
Strict Liability ,
Trespass ,
Unjust Enrichment
Seyfarth Synopsis: A federal district court in Kansas recently granted the EEOC’s motion for judgment on the pleadings in an ADA lawsuit brought against UPS and an employee union...more
8/10/2018
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Compensation & Benefits ,
Corporate Counsel ,
Delivery Drivers ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Judgment on the Pleadings ,
Medical Evaluation Reports ,
Reasonable Accommodation ,
Unions ,
UPS ,
Wage and Hour
Seyfarth Synopsis: In a lawsuit brought by a plaintiff class action firm alleging that objectors to class action settlements violated both RICO and Illinois state law by filing frivolous objections in order to seek payouts,...more
8/6/2018
/ Abuse of Process ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Diversity Jurisdiction ,
FRCP 23 ,
Injunctive Relief ,
Motion to Dismiss ,
Objections ,
Putative Class Actions ,
Racketeering ,
Reversal ,
RICO ,
Settlement ,
State Law Claims ,
Subject Matter Jurisdiction ,
Supplemental Jurisdiction ,
Unauthorized Practice of Law
Seyfarth Synopsis: In an EEOC-initiated systemic lawsuit alleging that a senior living and nursing facility operator violated the Americans With Disabilities Act (“ADA”) by failing to offer employees light duty as a...more
A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more
5/24/2018
/ Civil Rights Act ,
Corporate Counsel ,
Disparate Treatment ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Motion to Dismiss ,
National Origin Discrimination ,
Race Discrimination ,
Title VII
Seyfarth Synopsis: In an Equal Pay Act collective action lawsuit brought by female school crossing guards against the City of New York, who alleged they were paid less than male traffic enforcement agents, a federal district...more
5/7/2018
/ Class Action ,
Collective Actions ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Labor Law Violations ,
NYCHRL ,
NYSHRL ,
State Labor Laws ,
Wage and Hour
Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more
3/15/2018
/ ADEA ,
Age Discrimination ,
But For Causation ,
Civil Rights Act ,
Class Action ,
Class Certification ,
Disparate Treatment ,
Educational Institutions ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Law Violations ,
State and Local Government ,
State Labor Laws ,
Summary Judgment ,
Title VII
Seyfarth Synopsis: In a showdown between the State of Texas and the EEOC – whereby Texas alleged that the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title...more
2/28/2018
/ Adjudicatory Process ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Declaratory Judgments ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Felons ,
Hiring & Firing ,
Job Applicants ,
Motion To Enjoin ,
Ripeness ,
State and Local Government ,
Summary Judgment
Seyfarth Synopsis: In a class action lawsuit alleging that Tinder discriminated on the basis of age in violation of California state laws by charging consumers age 30 and over a higher price for Tinder Plus subscriptions, the...more
2/5/2018
/ Age Discrimination ,
Class Certification ,
Corporate Counsel ,
Dating Services ,
Failure To State A Claim ,
Motion to Dismiss ,
Popular ,
Putative Class Actions ,
Social Media ,
State and Local Government ,
Subscription Services ,
Tinder ,
Unfair Competition Law (UCL) ,
Unruh Civil Rights Act
Seyfarth Synopsis: In a nationwide consumer fraud class action involving false labeling claims under various state laws, a federal district court in Illinois granted the company’s motion to dismiss claims relative to a...more
1/24/2018
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Consumer Fraud ,
Corporate Counsel ,
Damages ,
Dietary Supplements ,
Employment Litigation ,
False Advertising ,
Injunctive Relief ,
Jurisdiction ,
Motion to Dismiss ,
Non-Residents ,
Pharmaceutical Industry ,
Product Labels
Seyfarth Synopsis: In a class action asserting claims for breach of contract, unjust enrichment, and statutory fraud in regards to the sale of general-use, pre-paid gift cards, the Seventh Circuit affirmed the final approval...more
12/21/2017
/ American Express ,
Appeals ,
Attorney's Fees ,
Breach of Contract ,
Class Action ,
Employer Liability Issues ,
Fraud ,
Legal Costs ,
Prepaid Payment Products ,
Settlement Agreements ,
Unjust Enrichment
Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more
12/8/2017
/ ADEA ,
Age Discrimination ,
Civil Rights Act ,
Department of Corrections ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Promotions ,
Strategic Enforcement Plan ,
Title VII
Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more
12/8/2017
/ Americans with Disabilities Act (ADA) ,
Conditional Job Offers ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Railroads ,
Summary Judgment
Seyfarth Synopsis: In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay...more
9/28/2017
/ Appeals ,
Attorney's Fees ,
Corporate Counsel ,
Delivery Drivers ,
Determination on Remand ,
EEOC v CRST Van Expedited ,
Equal Employment Opportunity Commission (EEOC) ,
Frivolous Lawsuits ,
Prevailing Party ,
Reversal ,
SCOTUS ,
Sexual Harassment ,
Title VII ,
Trucking Industry
Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC...more
9/20/2017
/ Breach of Contract ,
Colleges ,
Corporate Counsel ,
Defense Strategies ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Interference Claims ,
Mootness ,
Retaliation ,
Settlement Agreements