Jones Day’s offices in Washington, D.C. Credit: Mike ScarcellaA federal judge on Tuesday denied Jones Day’s request for sanctions against a group of ex-associates who are waging a $200 million proposed gender discrimination class action against the Am Law 50 law firm.
In a minute order, U.S. District Judge Randolph Moss in Washington, D.C., said he wasn’t persuaded by Jones Day’s assertion that the evidence revealed so far undermined and contradicted the plaintiffs’ claims that Jones Day paid men more than women.
“To the extent that Jones Day argues that plaintiffs failed adequately to investigate their claims before initiating this lawsuit, the court is unconvinced,” Moss wrote. He noted that the named plaintiffs—six female former associates—faced “two considerable challenges”: the firm maintains a secretive ”black box” compensation structure, and they lack access to the firm’s organizational pay data.
Moss’ ruling comes three weeks after he refused to dismiss disparate-impact claims related to Jones Day’s compensation model but trimmed others, including claims that the firm maintained a hostile work environment, violated the Equal Pay Act, and discriminated against pregnant women or mothers.
Discovery hasn’t commenced yet, Moss wrote, and Jones Day is relying only on the evidence it has cited in its motions. Sanctioning the plaintiffs at this point before discovery can be conducted would be premature, Moss continued.
“Here, the court does not yet know enough about the relevant facts to determine whether plaintiffs’ allegations are so baseless that sanctions are warranted,” Moss wrote. “Rule 11 is intended to deter and to punish litigation abuses. It is not a means of obtaining an early resolution of the merits of a dispute.”
The plaintiffs are being represented by attorneys from Sanford Heisler Sharp, while Jones Day is being represented by its own attorneys. Neither side immediately responded to requests for comment.
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