Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: motion to dismiss

Offer of Judgment by Employer Renders Employment Claim “Moot”

By Daniel Schwartz on Posted in Class Actions, Litigation, Wage & Hour

Suppose you’re an employer who has been served with a wage & hour claim.  Rather than fight the claim, you decide to give in. You file an Offer of Judgment (under Rule 68 of the Federal Rules of Civil Procedure, if you’re keeping track at home) and offer to provide the employee with more than the… Continue Reading

What Does it Take to Survive a Motion to Dismiss? Facts, Not Conclusions

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

Back in February, I noted that a motion to dismiss in federal court – while still difficult to achieve — still had a pulse.  That’s important for employers because it provides a mechanism for getting rid of frivolous claims early on with lower costs than federal lawsuits typically cost. A new district court case gives… Continue Reading

Motions to Dismiss in Discrimination Cases Have a Pulse

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

For many years, motions to dismiss in discrimination cases were becoming a rarity, mainly because courts were loath to grant them.  But the U.S. Supreme Court in the last few years has given the motions new life and recent District Court decisions are now showing the effects. Latest case in point: Barker v. UBS AG (download… Continue Reading

WWE Lawsuit Update: What You Need to Know

By Daniel Schwartz on Posted in Litigation

My post on the WWE lawsuit involving three former wrestlers known as Raven, Kanyon and Mike Sanders has drawn extraordinary interest. (Although I used to follow things when I was younger — Jimmy "Superfly" Snuka was among my favorites — I must say I haven’t followed it closely lately.) But along with the interest, I’ve seen rampant speculation… Continue Reading

Timeliness Not A Bar to Vague CHRO Complaint

By Daniel Schwartz on Posted in CHRO & EEOC

Since the Ledbetter decision issued by the U.S. Supreme Court last month, issues of the timeliness of employment discrimination claims have come to the forefront. An interesting decision by a CHRO Human Rights Referee recently suggests that complaints that do not specify the timeliness of certain claims may still survive a motion to dismiss.  CHRO Human… Continue Reading