Jones Day Remains Locked in Court Battle With Plaintiffs Suing Firm Over Bias Claims
The firm's "efforts to avoid court scrutiny into its 'black box' policies and practices should end now," plaintiffs argued in their latest court filing.
October 29, 2019 at 04:08 PM
3 minute read
The plaintiffs who have accused Jones Day of systemically discriminating against women lawyers have expanded on their arguments against the firm, claiming in a 54-page court filing that the firm is trying to avoid court scrutiny of its black box compensation structure that has permitted discrimination.
The filing in the last week augments a number of the claims the plaintiffs—Nilab Rahyar Tolton, Andrea Mazingo, Meredith Williams, Saira Draper, Jaclyn Stahl and Katrina Henderson—made in their third amended complaint while countering Jones Day's defense.
The parties are continuing to lob arguments against each other ahead of a major court ruling that could decide how much of the case will proceed. The plaintiffs are asking U.S. District Judge Randolph Moss of the District of Columbia to reject Jones Day's motion for partial summary judgment, filed in July, in which the firm asserted that some of the plaintiffs' claims in their $200 million proposed class action should be dismissed outright.
"Jones Day cannot rewrite the pleading standard or plaintiffs' pleadings to evade discovery into plaintiffs' well-pleaded claims of its longstanding pattern and practice of discrimination and retaliation," the plaintiffs wrote in an Oct. 24 filing. "Defendant's efforts to avoid court scrutiny into its 'black box' policies and practices should end now with this court's denial of its motion."
Jones Day has argued that New York City Human Rights Law claims made by Henderson, a three-year associate at Jones Day who is now an attorney for Amazon's television production arm in California, were time-barred.
The plaintiffs disputed that assertion in their Oct. 24 memo, arguing that the three-year statute of limitations on the city's Human Rights Law didn't begin tolling for Henderson until mid-July 2016, when she was allegedly wrongfully terminated from the firm.
Jones Day has also contended that the plaintiffs' claims under the federal Equal Pay Act are too vague and should be dismissed. But the plaintiffs argued that, at this point in the proceedings, they don't have to be that specific.
"Defendant's characterization of the EPA claims of plaintiffs Tolton, Draper, Williams, and Henderson as 'conclusory allegations' also misses the mark," their latest court filing said. "Plaintiffs are not required at this stage to provide the salaries of named comparators or to plead detailed, factual information to substantiate claims that they did substantially equal work. Jones Day's arguments to the contrary."
Kate Mueting, a co-chair of Sanford Heisler Sharp's Title VII practice group in Washington, D.C., and one of the plaintiffs' attorneys, told The National Law Journal that they "look forward to proceeding with class-wide discovery in this matter."
Jones Day is also battling discrimination claims from another set of plaintiffs, a married couple who previously practiced at the firm. They are suing their former employer for allegedly maintaining discriminatory parental leave policies and retaliating against the husband when he complained about it.
Most recently in that case, Mark Savignac and Julia Sheketoff asserted in an 18-page court filing that Jones Day's lawyers have raised new arguments that are "as meritless as the now-abandoned arguments they replace." Savignac and Sheketoff were further responding to attempts to dismiss their case by Jones Day.
Lawyers for Jones Day did not return requests for comment as of press time.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'So Many Firms' Have Yet to Announce Associate Bonuses, Underlining Big Law's Uneven Approach
5 minute read‘A Force of Nature’: Littler Mendelson Shareholder Michael Lotito Dies At 76
3 minute readAs Profits Rise, Law Firms Likely to Make More AI Investments in 2025
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250