Practice Areas & Industries: Constangy, Brooks, Smith & Prophete, LLP


Class Action Litigation Return to Practice Areas & Industries

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Practice/Industry Group Overview

The last decade has seen a significant rise in the number of class actions, collective actions and multi-plaintiff actions filed against employers throughout the United States. Plaintiffs’ attorneys and government agencies have revived interest in these forms of action in employment cases and have brought to the process a renewed vigor and resourcefulness.

Constangy, Brooks & Smith’s Employment Litigation Defense Team is experienced in all forms of multi-plaintiff employment claims. We regularly defend collective and class action claims brought by the government and private litigants throughout the United States under Title VII of the Civil Rights Act of 1964 (Title VII); the Fair Labor Standards Act (FLSA); the Age Discrimination in Employment Act (ADEA); Employees Retirement Income Security Act (ERISA); the Americans With Disabilities Act (ADA); the Worker Adjustment and Retraining Notification Act ("WARN"); and the Racketeer Influenced and Corrupt Organizations Act ("RICO") and their state law counterparts.

Constangy’s Litigation Defense Team brings to the defense of complex, multi-plaintiff lawsuits an unparalleled depth of experience and sensitivity to workplace issues gleaned from representing employers exclusively for over more than 50 years. Our particular strengths in defending these types of cases include the following:

  • Containing the impact of high-profile, multi-plaintiff litigation;
  • Designing and Implementing creative defense strategies to defeat the class aspects of the case;
  • Incorporating key defense experts (statisticians, labor market economists, industrial psychologists, selection tool validation experts and the like) into the defense plan;
  • Exploring suitable means for resolving complex cases on terms acceptable to our clients through the use of mediation and other forms of alternative dispute resolution; and
  • Planning and operating within a litigation budget.

Class Action Litigation Representative Matters

Constangy’s attorneys are currently defending a number of class action and Fair Labor Standards Act collective action lawsuits.

Defeated class certification in multi-million-dollar class action under federal and state wage and hour laws involving allegations of off-the-clock work and falsification of time records by management; then settled case on terms very favorable to our clients.

Defeated collective status in multi-million dollar collective action under Fair Labor Standards Act; then settled case with two named plaintiffs for nuisance amount.

Obtained summary judgment on all issues in Equal Pay Act and Title VII wage discrimination case that was filed as nationwide class action. (Plaintiffs voluntarily abandoned class claims before summary judgment was obtained.)