Merck Says Claims Too Varied For Cert. In $100M Bias Suit
By Ben James
Law360, New York (November 22, 2013, 7:28 PM ET) -- Merck & Co. Inc. urged a New Jersey federal court Wednesday to toss classwide gender and pregnancy claims from a sales representative's $100 million lawsuit accusing Merck of “systematic” discrimination against women, arguing that her allegations are too individualized to warrant class treatment.
Merck's motion to strike or dismiss said that Kelli Smith's challenge to the company's alleged promotion policies and practices was “virtually identical” to the allegations in the Dukes v. Wal-Mart gender bias case, which led to a landmark 2011 U.S. Supreme Court ruling...