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In the Spring 2008 Newsletter

The Lily Ledbetter Fair Pay Act
By David Ciesla, Legal Content Editor, Sections and Litigation Groups

The Lily Ledbetter Fair Pay Act, H.R. 2831, was defeated on April 23, 2008. The Act was Congress’s recent attempt to reverse the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber, Co.1 Although the House passed the Bill on July 31, 2007, the Senate fell four votes short of the 60 votes necessary to begin consideration of the Act.

Representative George Miller originally introduced the Act on June 22, 2007 in response to the Supreme Court’s May 29, 2007 decision in Ledbetter. The Act was intended to “clarify that a discriminatory compensation decision or other practice that is unlawful …

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CASE SELECTION, INVESTIGATION AND PLEADING TIPS: SETTING THE STAGE
By Randolph H. Freking, Cincinnati, OH

I. Case Selection and Investigations
The key to any successful piece of employment litigation is the initial case selection and investigation. During this process, the plaintiff’s attorney needs to identify early on the theories that will allow a court and jury to recognize the unfairness of the adverse action taken against the employee. The keys to a successful investigation are the identification of the strengths with respect to the plaintiff’s employment (primarily length of service and performance history), the potential legal claims that can match with the unfairness, and the economic and emotional damage suffered by the employee.

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This paper, available free to Employment Rights Section members, was presented at the 2007 AAJ Annual Convention in Chicago. Copyright © 2007 American Association for Justice. Further reproduction of any kind is prohibited. For more information, call AAJ Education at (800) 622-1791. To purchase other papers, visit the AAJ Exchange.

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The Employment Rights Section is Endowed by Mark Mandell and David Casey in honor of Brian Monaghan

Balancing the Scales of Justice
American Association for Justice
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