The Supreme Court in Oubre v. Entergy Operations, Inc., 522 U.S. 422 (1998), held that an ADEA plaintiff does not have to tender back (offer to return) consideration paid in settlement of a claim as a condition to challenge that settlement in court. Today, the Sixth Circuit (in a 2-1 decision) extends that ruling to Title VII and Equal Pay Act (EPA) claims.
A Sixth Circuit case demonstrates that a employee's release of claims, even a broad general release, may not be effective against ERISA claims. The court affirms class certification and liability in favor of the plaintiffs in a case where a class of release-signers challenged the calculation of their pensions. The court holds that the future accrual of retirement benefits may not be within the scope of a standard release.
Novartis agreed to pay $99 million to settle the claims of a class of its pharmaceutical sales representatives ("pharma reps") who alleged that they were denied overtime pay. See In re Novartis Wage & Hour Litig., No. 06 md 01784 (S.D.N.Y.). District Judge Paul Crotty of the Southern District of New York gave preliminary approval to the proposed settlement on Tuesday, January 24, 2012. The final approval hearing will take place on May 31, 2012.