2 Plaintiffs, 24 years to Appeal

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Is this a record? The 11th Circuit Court of Appeals recently ruled on a case involving 2 plaintiffs and 6 claims. The most remarkable fact is that the case at issue started in June 1990. That’s when the Complaint was filed; the EEOC charge must have been before that. The underlying facts involve pay disparities going back to 1987. In 1993, after the plaintiffs tried to form a collective action on wage issues, and failed, the case went to a trial before a judge without a jury. The court didn’t issue its opinion on liability until 2002, and it didn’t reach a decision on damages until February 2013. Now the court of appeals has reversed part of the ruling and sent the case back to the trial court for a new calculation of damages. Garner et al. v. G.D. Searle Pharmaceuticals Co., No. 13-11218 (11th Cir. September 15, 2014).

24 years and counting. Prejudgment interest alone is over $1.4 million. What might the attorney fees be?

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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