Filed Date: Dec. 27, 2001
Closed Date: Oct. 31, 2018
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On December 27, 2001, the Equal Employment Opportunity Commission filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania. The lawsuit alleged that Allstate sought to convert all of its employee-agents into independent contractors. Employee-agents were informed that they would all be terminated by June 30, 2000. However, if employees signed a broad release, they could continue working for Allstate as independent contractors. The release encompassed all claims under the Age Discrimination and Employment Act (ADEA) (29 U.S.C. §§ 621 et seq.), and the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12111 et seq.), and Title VII. The EEOC alleged that requiring employees to sign these agreements constituted retaliation in violation of the ADA, ADEA, and Title VII and interference, coercion, and intimidation in violation of the ADA. The EEOC filed this lawsuit on behalf of approximately 300 persons who had filed charges with the EEOC. The EEOC sought declaratory relief that the release was invalid.
The case was assigned to Judge Gerald J. Pappert.
On February 6, 2002, Judge Pappert granted the parties' joint motion to consolidate the case with Romero v. Allstate, a private lawsuit that also alleged the issue of retaliation as well as numerous other challenges to company reorganization actions. Judge John Fullam presided over the newly consolidated case.
Both parties submitted motions for summary judgment. On March 30, 2004, Judge Fullam entered a declaratory judgment, holding, in part, that the releases were voidable so long as the employees tendered back all benefits received in connection with signing those releases. The plaintiffs filed a timely motion for reconsideration challenging only the propriety of the “tender back” requirement imposed by the Court. While that reconsideration motion was still pending, Allstate filed a second motion for summary judgment in December of 2005, as to all of the plaintiffs' underlying causes of action. That motion remained undecided until March 2007, when the plaintiffs asked the court to reassign its case to a different judge because of Judge Fullam's failure act on numerous pending motions. Right after the plaintiffs made this request, Judge Fullam announced his intentions to reverse his original finding as to the validity of the Releases. Ultimately, on June 20, 2007, Judge Fullam held that he erred in his 2004 Declaratory Judgment and vacated that decision. He further granted summary judgment in Allstate's favor on the entirety of the plaintiffs' actions in Romero v. Allstate and in EEOC v. Allstate.
On November 26, 2007, the plaintiffs appealed this ruling to the United States Court of Appeals for the Third Circuit. Reviewing the history of this case, the Third Circuit noted that Plaintiffs had not received the benefit of full discovery as to issues regarding the validity of the Releases, and determined that these issues were dispositive as to the rest of the plaintiffs' claims. The court went on to vacate the district court's order and remand for further proceedings consistent with the opinion. 344 F. App'x 785.
On January 29, 2010, after remand from the Court of Appeals in Romero, the three cases were reassigned to Judge Ronald L. Buckwalter. Plaintiffs filed a Motion to Amend the Complaint in Romero and, on July 28, 2010, this Court granted the requested leave, resulting in the filing of the Second Amended Complaint.
Consistent with the Third Circuit's mandate, this court then permitted discovery to proceed in bifurcated fashion, with the parties limited to discovery only on the validity of the release. During approximately the next three years, the parties engaged in this targeted discovery and related motion practice. On September 12, 2012, the court consolidated Romero and EEOC v. Allstate for administrative purposes. It is not clear from the docket or the court's summary of the procedural history how the 2012 consolidation differs from the 2002 consolidation. 1 F.Supp.3d 319. In compliance with the court's scheduling order, the parties began filing summary judgment motions in early April 2013.
The individual plaintiffs and Defendants Allstate and Edward Liddy, the former President and CEO of Allstate, filed cross-motions for summary judgment. On February 27, 2014, Judge Ronald Buckwalter ultimately denied the cross-motions and determined that genuine issues of material fact remained as to whether the release was knowingly and voluntarily signed. 2014 WL 796005.
On March 13, 2014, Judge Buckwalter ruled on the remaining motions for summary judgment that the EEOC and Allstate had filed. He found that there was no genuine issue of material fact, holding that the release did not constitute a substantive violation of the anti-retaliation provisions set forth in any federal anti-discrimination law at issue. Accordingly, Judge Buckwalter granted Allstate's motion and denied the EEOC's, ultimately dismissing the EEOC's action in its entirety. 3 F.Supp.3d 313.
The EEOC appealed and the case was assigned to Judges Thomas Hardiman, Anthony Scircica, and Maryanne Barry on the Third Circuit. On March 26, 2015, writing for the court, Judge Hardiman affirmed Judge Buckwalter's ruling. 778 F.3d 444.
On May 23, 2014, the plaintiffs from the Romero cases filed a motion for class certification with respect to four issues in the litigation. On October 6, 2014, Judge Buckwalter denied the motion for class certification, finding that issue certification would be unmanageable. 52 F.Supp.3d 715.
On February 26, 2015, the Romero plaintiffs sought leave to file a Third Amended Complaint in order to add 368 employee-agents as named plaintiffs. On April 21, 2015, the court granted the plaintiffs' motion.
From June 1, 2015 to June 17, 2015, the court conducted its first trial in the matter. The jury decided exclusively the issue of whether ten of the plaintiffs knowingly and voluntarily signed the release of claims that Allstate used. The jury found that, as to eight of the Plaintiffs, the Release was not knowingly and voluntarily signed, but, as to the remaining two Plaintiffs, the Release had been knowingly and voluntarily signed. These remaining plaintiffs then asserted two defenses -- "unclean hands" and "unconscionability." Because these are equitable defenses, the court, rather than the jury, had to decide whether the defenses were applicable. On January 28, 2016, Judge Buckwalter concluded that the defenses were not applicable. Judge Buckwalter retired from serving as an active judge and Judge Pappert subsequently took control of the case. On February 10, 2016, Judge Pappert entered an order upholding Judge Buckwalter's findings as to the defenses but noted that this finding would not apply to any of the subsequent trials on the matter. 158 F.Supp.3d 369.
Only July 28, 2015, defendants Allstate and Liddy filed motions to dismiss the third amended complaint and complaints of two intervenors. On November 12, 2015, Judge Buckwalter held that the plaintiffs' state law claims were barred by doctrines of "tender back" and "ratification" and thus granted the defendants' motion to dismiss as to the state law claims. The plaintiffs immediately filed motions for reconsideration which Judge Pappert granted. 170 F.Supp.3d 779.
The plaintiffs moved to amend Judge Buckwalter's January 28 finding and Judge Pappert's February 10 order. On April 12, 2016, the case was reassigned to Judge Mark A. Kearney. On May 3, 2016, Judge Kearney determined that there was no basis for modifying Judge Buckwalter's findings. However, he ordered that Judge Pappert's order be amended to reflect the parties' agreement that the release was unenforceable as to state law claims (the court had already found the agreement unenforceable as to federal law claims). 2016 WL 2595102.
Allstate contested the jury verdict for the eight plaintiffs and filed a motion for judgment as a matter of law or, in the alternative, a motion for a new trial. On May 4, 2016, Judge Kearney denied the motions, writing that a careful review of the record showed that the verdict was proper and that no prejudicial error occurred. 2016 WL 2619853.
On July 6, 2016, Judge Kearney denied defendants Allstate and Liddy's motions to dismiss the third amended complaint, finding that the complaint stated valid claims under ERISA and the ADEA. 2016 WL 3654265.
Allstate filed a motion for partial summary judgment on certain ERISA claims and breach of fiduciary duty claims. On November 22, 2016, Judge Kearney granted in part and denied in part the defendants' motion, allowing plaintiffs to proceed on certain ERISA claims. 2016 WL 6876307.
The court ordered the plaintiffs to proceed to trial by dividing common federal questions into two separate phases. Phase I would address certain ERISA questions and Phase II would address any remaining common federal questions. Following the Phase I bench trial, the court concluded that Allstate's policies functioned as an unlawful "cutback" of employee benefits with respect to certain plaintiffs. On April 27, 2017, the court ordered that Allstate disclose to plaintiffs the benefits they would have received the benefit of their early retirement subsidy. If the plaintiffs would have received the benefit, then those plaintiffs will proceed to individual trials. 2017 WL 1508879.
On the same day that the court released its Phase I findings of law and fact, the court granted Allstate's motion for partial summary judgment on ADEA disparate impact claims and certain ERISA claims that were a part of Phase II of the trial. All remaining Phase II issues, including the plaintiffs' ADEA disparate treatment claims, were inappropriate for common resolution and needed to be tried individually. Accordingly, Judge Kearney closed Phase II of the trial. 251 F.Supp.3d 867.
Allstate filed another motion for partial summary judgment on the eight agents residing in the Eastern District of Pennsylvania who were scheduled for trial. Allstate specifically sought summary judgment on the breach of contract and breach of fiduciary duty claims. Judge Kearney found that there were unresolved factual questions relating to the "tender back" requirement that precluded summary judgment. Accordingly, Judge Kearney denied Allstate's motion on September 5, 2017, and ordered that the cases proceed to trial. 2017 WL 3881215.
On the same day, Judge Kearney granted one of Allstate's other motions for summary judgment. There, Allstate claimed that the group of six plaintiffs bringing age discrimination complaints failed to file complaints with the EEOC, thereby failing to satisfy the administrative exhaustion requirement. Judge Kearney agreed with Allstate, granted the motion for summary judgment, and dismissed the six plaintiffs' claims. 2017 WL 3881217.
On January 29, 2018, Judge Kearney ruled on another one of Allstate's motions for partial summary judgment. In this motion, Allstate asserted that they was no factual dispute as to whether they unlawfully retaliated against several plaintiffs. Judge Kearney granted the motion in part and denied the motion in part. Specifically, he granted summary judgment on plaintiffs' claims that Allstate's counterclaims violated the anti-retaliation provisions of ADEA and ERISA. He denied summary judgment on five plaintiffs' additional claims of retaliation. 2018 WL 627116.
On May 22, 2018, Judge Kearney again ruled an Allstate motion for partial summary judgment. In this motion, Allstate alleged that twelve plaintiffs' claims were barred by Pennsylvania's statute of limitations. Judge Kearney disagreed and denied Allstate's motion, finding the statute of limitations was tolled per a Congressional mandate. 2018 WL 2325405.
On May 30, 2018, 369 plaintiffs voluntarily dismissed their suits because they had reached a settlement agreement with the defendants. The voluntary dismissal had no bearing on the 28 remaining plaintiffs. On June 13, 2018, five additional plaintiffs reached a settlement. On August 17, 2018, another nine plaintiffs settled with the defendants, leaving 16 remaining plaintiffs.
On September 19, 2018, Allstate filed another motion for summary judgment on the remaining plaintiffs' claims. On September 20, 2018, eleven additional plaintiffs settled with the defendants. The following day, two additional plaintiffs reached a settlement, leaving three plaintiffs remaining.
On October 31, 2018, the remaining plaintiffs settled, thereby leading Judge Kearney to dismiss the case in its entirety. All settlement agreements between the plaintiffs and defendants appear to be private and confidential.
Summary Authors
Hope Brinn (5/3/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5138899/parties/eeoc-v-allstate-insurance/
Acosta, Marisel (Pennsylvania)
Becker, Lily G. (Pennsylvania)
BELLI, ANDREW J. (Pennsylvania)
AUDET, WILLIAM M. (Pennsylvania)
Bellacosa, Peter A. (New York)
Acosta, Marisel (Pennsylvania)
Becker, Lily G. (Pennsylvania)
BELLI, ANDREW J. (Pennsylvania)
BERMAN, STEVE W. (Pennsylvania)
COUSOUNIS, JAMES P. (Pennsylvania)
DAVIS, MICHAEL L. (Pennsylvania)
Flores, Iris Santiago (Pennsylvania)
FRIEDMAN, SUSAN R. (Pennsylvania)
GIRIFALCO, SANDRA A. (Pennsylvania)
Gold, Sidney L. (Pennsylvania)
Gorbey, Jaqueline (Pennsylvania)
Gorman, John V. (Pennsylvania)
GREGONLINE, LEONARD (Pennsylvania)
Griffiths, Bruce V. (New Jersey)
HATTAWAY, RAYMOND (Pennsylvania)
KAUFMAN, HOWARD J. (Pennsylvania)
Lieder, Michael D. (District of Columbia)
Marston, David W Jr. (Pennsylvania)
MATTINGLY, DONALD (Pennsylvania)
MCCRARY, DONALD (Pennsylvania)
Meehan, Coleen M. (Pennsylvania)
METCALFE, PHILLIP N. (Pennsylvania)
MILLER, CARL FELIX (Pennsylvania)
MUNLEY, JAMES C. (Pennsylvania)
MURTHA, WILLIAM (Pennsylvania)
MYERS, MICHAEL DAVID (Pennsylvania)
Osborne, Thomas W. (District of Columbia)
Postol, Lawrence P. (Pennsylvania)
Quinn, William P. Jr. (Pennsylvania)
QUINN, KEVIN C. (Pennsylvania)
RANDAZZO, CHARLES (Pennsylvania)
RIGGINS, DONALD (Pennsylvania)
RODRIGUEZ, LISA J. (Pennsylvania)
Roney, K. Catherine (Pennsylvania)
SCHNEIDER, THOMAS (Pennsylvania)
SEEGER, CHRISTOPHER A. (Pennsylvania)
Signorille, Mary E. (District of Columbia)
SPEARS, ARTHUR SPEARS (Pennsylvania)
STAVOLA, NICHOLAS (Pennsylvania)
SULLIVAN, BRIEN (Pennsylvania)
SULLIVAN, CHRISTOPHER (Pennsylvania)
TARRIER, WILLIAM (Pennsylvania)
VALENTE, MICHAEL (Pennsylvania)
Walsh, James P. (Pennsylvania)
Weller, Paul D. (Pennsylvania)
Wilson, Michael (District of Columbia)
Wolf, Daniel (District of Columbia)
AUDET, WILLIAM M. (Pennsylvania)
Bellacosa, Peter A. (New York)
Campbell, Bryan (Pennsylvania)
Cognato, Christopher T. (Pennsylvania)
Costello, Mary K. (Pennsylvania)
Deiger, Stephanie K. (Pennsylvania)
EZRIN, JOSHUA CALEB (Pennsylvania)
Field, Eric (District of Columbia)
Godfrey, Richard Cartier (Illinois)
Heinz, Jordan Mitchell (Illinois)
HINO, MICHAEL S. (Pennsylvania)
HROMISIN, PATRICK M (Pennsylvania)
Katchen, Katherine M. (Pennsylvania)
King, Christopher Qualley (Illinois)
Langel, John B. (Pennsylvania)
Livingston, Donald R. (District of Columbia)
Mannino, Edward F. (Pennsylvania)
McManus, Elizabeth (Pennsylvania)
Pittard, William Bullock (Pennsylvania)
SACKS, SHAYNA E. (Pennsylvania)
SHKOLNIK, HUNTER J. (Pennsylvania)
Smylie, Sallie Gamble (Illinois)
Teslik, W. Randolph (District of Columbia)
Bobbitt, Jonathan L. (Tennessee)
BRADLEY, M. GERARD (Pennsylvania)
CAMPBELL, KATHLEEN (Pennsylvania)
COLAO, DANALYNN T. (Pennsylvania)
Fenton, Richard L. (Pennsylvania)
Gilbert, Justin S. (Tennessee)
GREENBERG, MARK ANDREW (Pennsylvania)
GUARRIERI, FRANK S. (Pennsylvania)
Howard, Kimberly E. (Pennsylvania)
JONES, KRISTIN H. (Pennsylvania)
JONES, MICHAEL J. (Pennsylvania)
KERNS, LAURA E. (Pennsylvania)
KONECKE, ERIC J. (Pennsylvania)
LABLETTA, CHRISTIAN P. (Pennsylvania)
Leach, Garret A (Pennsylvania)
LORENZ, MICHAEL K. (Pennsylvania)
LYONS, KATHERINE (Pennsylvania)
Maas, Rebecca Jean (Pennsylvania)
MAGUIRE, MICHAEL P. (Pennsylvania)
MCBETH, KEVIN M. (Pennsylvania)
MCGINTY-FERRIS, MARIA K. (Pennsylvania)
MCGLYNN, JOSEPH L. (Pennsylvania)
MCNULTY, KEVIN R. (Pennsylvania)
Mulcahey, John M. (Pennsylvania)
Narayen, Vishesh (Pennsylvania)
Popper, Howard D. (Pennsylvania)
RICHMAN, SARA BETH (Pennsylvania)
Salonus, Jessica F. (Tennessee)
SANDLER, PAUL N. (Pennsylvania)
SCHWEDER, JOHN LAWRENCE (Pennsylvania)
STEIN, BONNIE S. (Pennsylvania)
VENTURA, MICHELE CLARE (Pennsylvania)
Walker, Michael D. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/5138899/eeoc-v-allstate-insurance/
Last updated Dec. 20, 2024, 4:08 a.m.
State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
IWPR/Wage Project Consent Decree Study
Key Dates
Filing Date: Dec. 27, 2001
Closing Date: Oct. 31, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The EEOC filed this suit, though the case was consolidated with those brought by private plaintiffs who were agents at Allstate.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Allstate Insurance Corporation (Northbrook), Private Entity/Person
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
General/Misc.:
Discrimination Area:
Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)
Discrimination Basis:
Disability (inc. reasonable accommodations)
National origin discrimination
EEOC-centric: