Ariel Cudkowicz Quoted in Massachusetts Lawyers Weekly
"Study: Class Actions Rare In Employment Bias Cases"

Ariel Cudkowicz was quoted in the Massachusetts Lawyers Weekly article, "Study: Class Actions Rare In Employment Bias Cases," published July 5, 2010. The article reported on a study recently released by the American Bar Foundation which found that a vast majority of federal employment discrimination cases are brought by single plaintiffs, contrary to widespread public perception.

According to the study, 65 percent of cases with at least two plaintiffs settled as compared to 53 percent with a single plaintiff. Even though certified class actions made up just a tiny fraction of the total number of cases studied, 70 percent ended in settlement, while 20 percent ended in summary judgment for the employer. The article noted that most cases eventually settled because employers find it is generally not worth the time and expense to fight a dubious claim.

Ariel agreed that the preponderance of settlements in those suits is often an indication that employers simply do not want to get caught up in the costly and time-consuming process of litigation. He also pointed out, "It's become more and more expensive for a company to make a decision that they're going to try a case. I do think there is a pure economic decision that needs to be made, and it depends on the litigation philosophy on the part of the company."