Array of employment discrimination claims against national franchisor and managers dismissed –twice– even before discovery.
A national franchisor and several named managers and employees faced an array of discrimination allegations in federal court, including age, disability, race and retaliation. Partner Jo Anne Deaton and associate Lindsay McDowell immediately filed a motion to dismiss, seizing on pleading defects in the Complaint. Although the motion was granted, also granted was leave to file an Amended Complaint. We responded to the second complaint with a second motion to dismiss, also granted. This time, the federal court was less generous, and no further leave to amend was provided. The case was dismissed without any defendant having to respond to discovery.
Discrimination claims commonly involve questions of fact that require discovery and a series of depositions, and even then, the ultimate decision often is made by a jury. Not every plaintiff’s complaint presents an opportunity for swift dispositive motion practice, but when one does, Lindsay and Jo Anne know how to take the initiative at the outset. Here, they shortened the litigation by months if not years and at a very substantial costs savings to the client.