University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Gaspar v. Linvatec Corp. EE-IL-0299
Docket / Court 1:95-cv-03574 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On June 19, 1995 plaintiff filed suit in the United States District Court for the Northern District of Illinois against his former employer, Linvatec Corp., its owner Bristol-Myers Squibb Co., and the various units and committees that managed the retirement and severance packages for which he had ... read more >
On June 19, 1995 plaintiff filed suit in the United States District Court for the Northern District of Illinois against his former employer, Linvatec Corp., its owner Bristol-Myers Squibb Co., and the various units and committees that managed the retirement and severance packages for which he had been eligible. The plaintiff alleged that the defendants had violated the Employee Retirement Income Security Act, had breached their fiduciary duties, and had retaliated against him. The plaintiff's complaint stemmed from the retirement package the defendants had offered him and other employees when Linvatec's Chicago plant was closed down in 1993. They were told that they could either receive an early retirement or a severance package, but not both. All employees made a choice except for the plaintiff who attempted to elect both options and was initially given neither.

On May 23, 1996 the court (Judge James H. Alesia) granted the plaintiff's motion for class certification. The class included all of those former employees of the defendant who had been terminated when the Chicago facility closed in 1993 and had been forced to choose between a severance package and an early retirement package. The court (Judge Alesia) granted the defendants' motion for summary judgment on February 7, 1997. The plaintiff then began the process of appealing to the Seventh Circuit Court of Appeals. Before the appeal reached the Seventh Circuit, however, the parties reached a settlement agreement on April 15, 1998. On September 3, 1998 Magistrate Judge Edward A. Bobrick recommended that the plaintiffs be relieved from the earlier judgment and on October 20, 1998 the court (Judge Alesia) accepted this recommendation and approved the settlement. The details of the settlement agreement are not known.

Michael Perry - 08/02/2010


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Discrimination-area
Pay / Benefits
Discrimination-basis
Age discrimination
General
Retaliation
Plaintiff Type
Private Plaintiff
Causes of Action Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) Bristol-Meyers Squibb
Linvatec Corp.
Plaintiff Description All employees terminated in 1993 from Linvatec's Chicago facility who were eligible for benefits under both the severance and early retirement packages.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1998
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:95−cv−03574 (N.D. Ill.) 12/15/1998
EE-IL-0299-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Opinion and Order (Granting plaintiff's motion to certify a class action) 05/23/1996 (167 F.R.D. 51) (N.D. Ill.)
EE-IL-0299-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Opinion and Order (Granting defendants' motion for summary judgment and denying plaintiff's motion for partial summary judgment) 02/07/1997 (952 F.Supp. 1274) (N.D. Ill.)
EE-IL-0299-0001.pdf | WESTLAW| LEXIS | External Link | Detail
Report and Recommendation of Magistrate Judge Edward A. Bobrick 09/03/1998 (1998 U.S.Dist.LEXIS 14288)
EE-IL-0299-0003.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges Alesia, James Henry (N.D. Ill.)
EE-IL-0299-0001 | EE-IL-0299-0002 | EE-IL-0299-9000
Bobrick, Edward A. (N.D. Ill.) [Magistrate]
EE-IL-0299-0003
Monitors/Masters None on record
Plaintiff's Lawyers Gorman, H. Candace (Illinois)
EE-IL-0299-9000
Meites, Thomas R. (Illinois)
EE-IL-0299-9000
Mollica, Paul William (Illinois)
EE-IL-0299-9000
Defendant's Lawyers Hancuch, Thomas G. (Illinois)
EE-IL-0299-9000
Jepson, Edward C. Jr. (Illinois)
EE-IL-0299-9000
McHale, Ann Margaret (Illinois)
EE-IL-0299-9000
Sculnick, Michael Warren (Illinois)
EE-IL-0299-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -