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Schnader Appeals: Schnader Secures Victory for UPS in Nationwide Employment Discrimination Class Action

01/02/2005

On November 24, 2004, the Court of Appeals for the Eighth Circuit let stand a panel’s affirmance of summary judgment in favor of United Parcel Service in a nationwide employment case. The Court was persuaded that, despite the plaintiffs’ production of expert evidence, they failed to meet their burden of establishing a pattern or practice of classwide discrimination. Schnader’s William H. Brown, III, a former Chairman of the Equal Employment Opportunity Commission, served as lead defense counsel, working closely with St. Louis counsel. Deena Jo Schneider, a partner in Schnader’s Appellate Practice Group, functioned as appellate counsel from an early point, with later assistance from Jennifer Nestle and Gittel Hilibrand, Schnader associates and former federal appellate clerks. This Alert examines Morgan v. United Parcel Service of America, 380 F. 3d 459 (8th Cir. 2004).