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Case Name Karlo v. Pittsburgh Glass Works LLC. EE-PA-0244
Docket / Court No. 2:10-cv-01283 ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Equal Employment
Case Summary
On September 29, 2010, a class of male employees 50 years of age or older filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, against Pittsburgh Glass Works, LLC. The plaintiffs, represented ... read more >
On September 29, 2010, a class of male employees 50 years of age or older filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, against Pittsburgh Glass Works, LLC. The plaintiffs, represented by private counsel, asked the court for lost compensation in front pay and back pay, attorneys' fees and costs, declaratory and injunctive relief, lost pension benefits and liquidated damages, claiming that they were abruptly terminated without explanation. Specifically, the plaintiffs claimed that their employment was terminated because of their age in violation of the ADEA.

On November 29, 2010, the defendant moved to dismiss Count III of the complaint for failure to state a claim because plaintiffs were not employees of defendant at the time of the alleged retaliation.

On December 22, 2010, the plaintiffs moved to dismissed the defendant's counterclaim for breach of contract, alleging that the ADEA waiver in its releases was invalid and unenforceable.

On May 9, 2012, the Court (Judge Nora Barry Fischer) granted plaintiffs' motion for conditional certification because all members of the proposed class were over age 50 when they were terminated, all of their terminations were in the course of a single, company-wide reduction in force, and relied on common evidence to prove their alleged discrimination.

On July 20, 2012, the Court denied the defendant's motion for interlocutory appeal because the Court's decision regarding certification was merely conditional and therefore not a final ruling.

In February and August 2013, five plaintiffs dismissed their claims with prejudice.

As of December 20, 2013, this case is still ongoing.

Christianna Kyriacou - 11/22/2013


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Age discrimination
Plaintiff Type
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) Pittsburgh Glass Works, LLC
Plaintiff Description class of employees (age range: 52-59)
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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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)
2:10-cv-01283-TFM (W.D. Pa.) 09/20/2013
EE-PA-0244-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/29/2010
EE-PA-0244-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Pittsburgh Glass Works' Motion to Dismiss Count III of the Complaint 11/29/2010
EE-PA-0244-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion to Dismiss Defendant's Counterclaim [Doc. 8] 12/22/2010
EE-PA-0244-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 02/15/2011
EE-PA-0244-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Pittsburgh Glass Works' Motion to Dismiss Count III of Plaintiffs' First Amended Complaint 03/01/2011
EE-PA-0244-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion 05/09/2012 (880 F.Supp.2d 629) (W.D. Pa.)
EE-PA-0244-0010.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion 05/09/2012 (880 F.Supp.2d 629) (W.D. Pa.)
EE-PA-0244-0019.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Memorandum Order 07/20/2012 (2012 WL 2975400) (W.D. Pa.)
EE-PA-0244-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Order 07/20/2012 (W.D. Pa.)
EE-PA-0244-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal of the Claims of Colleen Conaway, Robert Diaz and Charles E. Fellabaum 02/14/2013
EE-PA-0244-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Order of Court 08/05/2013 (W.D. Pa.)
EE-PA-0244-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Rule 41 Joint Stipulation for Dismissal with Prejudice 08/07/2013 (W.D. Pa.)
EE-PA-0244-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Rule 41 Joint Stipulation for Dismissal with Prejudice 08/07/2013 (W.D. Pa.)
EE-PA-0244-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Fischer, Nora Barry (W.D. Pa.)
EE-PA-0244-0003 | EE-PA-0244-0010 | EE-PA-0244-0011 | EE-PA-0244-0019
McVerry, Terrence F. (W.D. Pa.)
EE-PA-0244-0015 | EE-PA-0244-0016 | EE-PA-0244-0017 | EE-PA-0244-9000
Monitors/Masters None on record
Plaintiff's Lawyers Evans, Melissa L. (Pennsylvania)
EE-PA-0244-0001 | EE-PA-0244-0002 | EE-PA-0244-0006 | EE-PA-0244-9000
Fischman, Mary Elizabeth (Pennsylvania)
EE-PA-0244-9000
Fox, Bruce C. (Pennsylvania)
EE-PA-0244-0001 | EE-PA-0244-0002 | EE-PA-0244-0006 | EE-PA-0244-0013 | EE-PA-0244-0016 | EE-PA-0244-0017 | EE-PA-0244-9000
Horowitz, Andrew J. (Pennsylvania)
EE-PA-0244-9000
Yang, Yuanyou (Pennsylvania)
EE-PA-0244-9000
Defendant's Lawyers Becker, David S. (Illinois)
EE-PA-0244-0009 | EE-PA-0244-0013 | EE-PA-0244-0016 | EE-PA-0244-0017 | EE-PA-0244-9000
Cottington, Robert B. (Pennsylvania)
EE-PA-0244-0005 | EE-PA-0244-0009 | EE-PA-0244-9000
Fitzgerald, Jennifer L. (Illinois)
EE-PA-0244-0009 | EE-PA-0244-9000
Heilman, Nancy L. (Pennsylvania)
EE-PA-0244-0005 | EE-PA-0244-9000
Mayer, Jeffrey J. (Illinois)
EE-PA-0244-0009 | EE-PA-0244-9000
Prorok, Robert F. (Pennsylvania)
EE-PA-0244-9000
Shapiro, John T. (Illinois)
EE-PA-0244-9000
Wills, Tina C. (Illinois)
EE-PA-0244-9000
Other Lawyers Myers, John J. (Pennsylvania)
EE-PA-0244-9000

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