Case Name: Alch v. Time Warner Entertainment Co., Inc. Court: Cal. Superior Ct., County of LA, Cent. Civ. W. Docket: BC 268836 Read Summary Case Result: The last of the 23 class actions comprising the Television Writers Age Discrimination Litigation has settled. Without admitting liability, the 51 defendants agreed to pay a combined total of $75 million making it the largest in the history of age discrimination litigation. |
Case Name: Baker v. Beckton, Dickinson & Co. Court: U.S. Ct. App. 6th Cir. Docket: 11-6273 Read Summary AARP's Amicus Brief (PDF) Case Issue: Did the district court improperly rely on impermissibly strict standard to exclude statements offered by plaintiff as direct evidence of age discrimination? |
Case Name: Barton v. Zimmer, Inc. Court: U.S. Ct. App. 7th Cir. Docket: 10-2212 Read Sumary and AARP's Amicus Brief (PDF) Case Result: Although the plaintiff was discriminated against because of her age, the ADEA provides no remedy because the plaintiff suffered no loss. |
Case Name: Braun v. Walmart Court: Pa. Supreme Court Docket: 32 EAP 2012 Read Summary AARP's Amicus Brief (PDF) Case Issue: Are employees in class actions allowed to prove discrimination claims by using statistical or "aggregate proof" data? |
Case Name: Breeden v. Novartis Pharmaceuticals Corp. Court: U.S. Ct. App. D.C. Cir. Docket: 10-7073(L); 10-7078 Read Summary and AARP's Amicus Brief (PDF) Case Result: Plaintiffs claims of discrimination and retaliation under FMLA were dismissed for failure to produce evidence that reassignment amounted to retaliation, and further, that dismissal was directly related to reassignment. |
Case Name: Coleman v. Maryland Ct. of App. Court: U.S. Supreme Court Docket: 10-1016 Read Summary and AARP's Amicus Brief (PDF) Case Result: The 11th Amendment sovereign immunity bars suits against states under the Family and Medical Leave Act for damages from discrimination in the form of denial of personal medical leave and/or retaliation for taking such leave. |
Case Name: Dillon v. West Publishing Corp. Court: U.S. Ct. App. 9th Cir. Docket: 08-17759(L), 09-15055(XAP) Read Summary and AARP's Amicus Brief (PDF) Case Result: Reversed jury verdict for plaintiff on grounds jury instructions referring to "motivating factor" standard of proof of age discrimination under ADEA did not comply with U.S. Supreme Court's Gross decision. |
Case Name: Duran v. U.S. Bank National Court: Cal. Supreme Ct. Docket: S208631 Read Summary AARP's Amicus Brief (PDF) Case Issue: Are employees in class actions allowed to prove discrimination claims by using statistical or "aggregate proof" data? |
Case Name: Engers v. AT&T Management Pension Plan Court: U.S. Ct. App. 3d Cir. Docket: 10-2752 Read Summary and AARP's Amicus Brief (PDF) Case Result: Compliance with section 4(i) of ADEA prohibiting the conversion of an employer's benefit accrual offers employers a complete defense to other age discrimination claims involving retirement benefits. |
Case Name: Ford v. Mabus Court: U.S. Ct. App. D.C. Cir. Docket: 09-5041 Read Summary and AARP's Amicus Brief (PDF) Case Result: Gross does not apply to ADEA claims of federal employees allowing them to pursue mixed-motives claims. |
Case Name: Fuller v. Gates Court: U.S. Ct. App. 5th Cir. Docket: 11-40013 Read Summary and AARP's Amicus Brief (PDF) Case Result: Court reversed order entering judgment for plaintiff because the evidence was insufficient for a finding of liability even on a mixed-motives theory. |
Case Name: Garcia v. 3M Co. Court: U.S. Dist. Ct. Minn. Read Summary Case Result: Nationwide age discrimination class action filed on behalf of several thousand current and former 3M employees employed in states other than Minnesota and New Jersey based on federal law settled for $6 million with no admission of liability. |
Case Name: Genesis Healthcare Corp. v. Symczyk Court: U.S. Supreme Court Docket: 11-1059 Read Summary AARP's Amicus Brief (PDF) Case Result: Plaintiff who rejected a settlement offer had no personal interest in representing unnamed claimants, nor any other continuing interest that would preserve her suit from mootness and; therefore, her suit was appropriately dismissed. |
Case Name: Gross v. FBL Financial Services, Inc. Court: U.S. Supreme Court Docket: 08-441 Read Summary and AARP's Amicus Brief (PDF) Case Result: Unlike Title VII, the Age Discrimination in Employment Act does not permit mixed-motive claims and, therefore, in order to establish liability under the ADEA, the plaintiff must prove that age was the "but-for" cause of the adverse employment action. |
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