Category Archive: Employer Discrimination

Jun 30

Supreme Court To Address Use of Statistics For Class Action Certification

The April 2013 Supreme Court decision in Comcast Corp. v. Behrend, No. 11-864, was a profound change benefitting companies facing class action lawsuits.  The Court held that a plaintiff seeking certification must establish through “evidentiary proof” that damages can be measured on a class-wide basis.  Individual damage issues can defeat class certification where those issues …

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Permanent link to this article: http://betweenthenumbers.net/2015/06/supreme-court-to-address-use-of-statistics-for-class-action-certification/

Mar 31

VC Firm Wins Gender Based Failure to Promote / Wrongful Termination Case

Last week a half male/half female jury determined that Kleiner Perkins Caufield & Byers (“Kleiner Perkins”), one of the country’s most prominent venture capital (“VC”) firms, did not discriminate against junior partner Ellen Pao (“Pao”). Pao was seeking $16 million in economic damages in addition to punitive damages to compensate for the alleged inequitable promotion …

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Permanent link to this article: http://betweenthenumbers.net/2015/03/vc-firm-wins-gender-based-failure-to-promote-wrongful-termination-case/

Mar 02

Anti-poaching settlement approved at $425 million

U.S. District Judge Lucy H. Koh has blessed a $415 million settlement in the antitrust class action suit against Apple Inc., Google Inc. and others.  The defendants were accused of illegally agreeing not to poach each other’s software engineers.  A prior settlement deal at $325 million was rejected by the Court as insufficient.

Permanent link to this article: http://betweenthenumbers.net/2015/03/anti-poaching-settlement-approved-at-425-million/

Nov 12

Statistical Sophistication Would Have Provided a Different Liability Answer

Economists and other financial experts are often hired to assess damages, assuming liability.  However liability can sometimes be established or disproven based on statistics. For example, in a recently affirmed case involving employment discrimination, the application of a simple method failed to provide the Court with information that would likely have changed their decision.  The …

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Permanent link to this article: http://betweenthenumbers.net/2013/11/statistical-sophistication-would-have-provided-a-different-liability-answer/