allstatecase

IMPORTANT NEW DEVELOPMENTS

March 23, 2009

The parties appeared today before the United States Court of Appeals for the Third Circuit in Philadelphia to argue issues relating to Judge Fullam's ruling that dismissed the Romero I, Romero II, and EEOC lawsuits in June 2007. See link http://www.chicagobusiness.com/cgi-bin/news.pl?id=33427&ba=1 The Romero plaintiffs appreciate that they were afforded the opportunity to appear before the Court, and are encouraged that each of the three judges sitting on the panel had devoted substantial time familiarizing themselves with the facts of the case. No ruling is expected for at least several months. In the meantime. however, a transcript of the argument can be found here.

June 2, 2008

Today, the Romero plaintiffs and EEOC each filed briefs in connection with the appeals taken from Judge Fullam’s decision of June 20, 2007, which granted summary judgment in favor of Allstate. Copies of the briefs can be downloaded by clicking here and here. Allstate will file its opposition within 30 days.

May 6, 2008

On June 20, 2007, the United States District Court for the Eastern District of Pennsylvania issued an order reversing its earlier ruling of March 30, 2004, in which it had concluded the Release and Waiver Agreement that Allstate required employee agents to sign as part of the "Preparing for the Future" Group Reorganization Program was retaliatory and in violation of applicable federal law and could be voided at the option of each employee agent who signed the Release. In addition to vacating its ruling concerning the validity of the Release, the District Court adopted the "tentative conclusions" set forth in its order dated March 21, 2007 (which is discussed below) and, as a result, granted summary judgment in favor of Allstate as to the discrimination and retaliation claims asserted by the plaintiff employee agents under the Age Discrimination in Employment Act and Employee Retirement Income Security Act. Finally, the District Court indicated its intention to close the case files.

Plaintiffs, together with the United States Equal Employment Opportunity Commission, have taken an appeal from the District Court's ruling and, in accordance with the scheduling order issued by the United States Court of Appeals for the Third Circuit will be filing briefs with the Court of Appeals by June 2, 2008. Allstate will have to file responsive briefs within 30 days. Copies of the parties' briefs will be posted after they are filed.

Anyone seeking additional information about the case, including whether they are included in the class that plaintiffs seek to have certified, or any of the proposed subclasses, are encouraged to contact Morgan, Lewis & Bockius LLP or Sprenger & Lang PLLC.