James Flynn, a Member of the Firm in the Litigation and Labor and Employment practices in the Newark office, was quoted in the New Jersey Law Journal on a study that indicates plaintiffs claiming employment discrimination fare worse in federal than state courts, which has led to a decline in federal filings.
In the article, “Job-Bias Plaintiffs Shun U.S. Courts, New Study Finds,” Flynn said speculation that the decline of filings reflects a bias among federal courts against plaintiffs is unwarranted. He remarked that “the judges in the New Jersey federal courts play it right down the middle.”
Flynn added that the drop in filings could result from the alternative explanations: increasing use of alternative dispute resolution or the availability of state court remedies that plaintiffs consider superior. He also noted that study did not state whether state court filings in employment cases had increased or decreased, and that plaintiffs may be filing more often in state courts because they are using state statutes and common-law theories of recovery.