University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Progress Rail Services EE-NE-0011
Docket / Court 8:01-cv-00494-JFB-TDT ( D. Neb. )
State/Territory Nebraska
Case Type(s) Equal Employment
Special Collection EEOC Study -- in sample
Attorney Organization EEOC
Case Summary
The Denver District Office of the EEOC brought this suit against Progress Rail Services in September of 2001, in the U.S. District Court for the District of Nebraska. The only document available from PACER were the dockets for both the district court case and the appellate case and some of the ... read more >
The Denver District Office of the EEOC brought this suit against Progress Rail Services in September of 2001, in the U.S. District Court for the District of Nebraska. The only document available from PACER were the dockets for both the district court case and the appellate case and some of the orders. It appears the case was based on an alleged violation of the Age Discrimination in Employment Act. The trial date was postponed numerous times and ultimately went to trial on October 10, 2004. The trial lasted four days with a partial motion for Judgment as a Matter of Law being granted the day before the trial ended. The jury then returned a verdict for the defendant, on the remaining counts, on October 17, 2003. The EEOC appealed the decision; however, they ultimately moved to dismiss the appeal.

Alex Bean - 08/06/2007


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Issues and Causes of Action
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Issues
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. ยงยง 621 et seq.
Defendant(s) Progress Rail Services
Plaintiff Description Equal Employment Opportunity Commission, on behalf of one or more workers.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2003
Case Ongoing No
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)
04-1071 (U.S. Court of Appeals) 02/06/2004
EE-NE-0011-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
8:01-cv-00494-JFB-TDT (D. Neb.) 09/28/2004
EE-NE-0011-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order [Granting Plaintiff's Motion to Compel] 12/02/2002 (D. Neb.)
EE-NE-0011-0001 PDF | Detail
Jury Verdict 10/17/2003
EE-NE-0011-0002 PDF | Detail
Judgment 10/17/2003
EE-NE-0011-0003 PDF | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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