On September 23, 1994, employees of First Union Corp. filed a lawsuit against their employer in the United States District Court for the Southern District of Florida. The plaintiffs alleged age discrimination in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621. Specifically, they contended that their employer had instituted a plan to demote, terminate, and otherwise adversely affect employees over the age of forty.

On September 4, 2001, the court (Judge Alan S. Gold) approved the defendant's motion to decertify the class that had been preliminarily approved in 1998, holding that the class members have brought numerous different types of claims that relate to several different issues. Stone v. First Union, 203 F.R.D 532 (S.D. Fla. 2001). The decertified class moved to intervene, and upon being denied by the district court, appealed. On June 3, 2004, the Court of Appeals for the Eleventh Circuit (Judge Phyllis A. Kravitch) overturned the district court's ruling and allowed the plaintiffs to intervene. Stone v. First Union, 371 F.3d 1305 (11th Cir. 2004). The case was dismissed with prejudice in 2006 and was closed. It is not clear whether Plaintiffs received any relief.

Andrew Kline - 11/22/2008


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