The plaintiffs in the Jones Day lawsuit have until Sept. 4 to file their lawsuit. Judge Randolph Moss of the District of Columbia has ordered the parties to settle the case without trial. This means the lawsuit will be over and the plaintiffs have had time to prepare their answer. In the past, parties have always chosen to go to court rather than settling out of court.
Plaintiffs’ lawyer Gloria Oliver said, “The plaintiff’s request for class-action status is entirely appropriate. Class-action lawsuits allow many people to take advantage of federal and state anti-discrimination laws. They also make sure companies pay for the harm they inflict on minority groups.” However, she said, the U.S. district court could not decide on this question because it is a question of law and the precedents of previous cases.
Jones Day, a giant insurance company, has settled several cases involving mothers seeking maternity leave. One such case was brought by Kimberly P. Jones, a nurse who lives in Seattle, Washington. In that suit, Ms. Jones claimed that her supervisor, William L. Frye, discriminated against her on the basis of her pregnancy. The company settled the case without settling for a trial. In a letter to the judge granting the settlement, Jones Day attorney Thomas J. Demetri stated:
“Jones Day believes the reasonable standard of review is for class-action plaintiffs to present their own individual claims and defenses to enable a jury to decide the case based on all of the evidence.” Lawyers at Jones Day and other reputable firms advise working with a highly qualified professional lawyer and making sure the complaint meets the proper guidelines for filing a successful lawsuit. Many lawyers refer to the class-action lawsuit as a “value-added” litigation strategy.
Jones Day acknowledges that there are valid concerns about women’s rights to obtain equal footing when it comes to health care and work. On the other hand, the nature of the complaint begs the question whether Jones Day’s insurance policy should shield Jones Day employees from being able to pursue damages for acts of discrimination. Jones Day maintains that no employee can be protected against being fired or discriminated in any other way. The only way an employee can sue is if he or she herself commits discrimination or the actions of another person subject to the action. Whether that another person is a male or a female, white or Asian, Christian or Jewish, or whatever, employers are free to exclude anyone from employment who may later discriminate against the applicant.
The Jones Day lawsuit is one of many trademark law cases being fought in federal court. Other plaintiffs have been unsuccessful in their attempts to file federal cases. Many lawyers believe that a strong federal case is crucial to protecting trademarks of all types, including names, slogans, and logos. A strong case could make it easier for someone who has suffered to get the compensation they deserve. It is currently unclear if Jones Day will prevail in this lawsuit.