Attorneys Rebelo, Pohl & Brennan Obtain Precedential U.S. Court of Appeals Age-Discrimination Opinion in Defense Win

On October 26, 2023, the United States Court of Appeals for the Third Circuit issued a precedential opinion and judgment in favor of three companies being defended by Mary-Jo Rebelo, Tom Pohl, and Courtney Brennan. The case was a putative collective action involving Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. (“ADEA”) claims brought by former employees against a railroad and two other steel-industry and railroad clients. In 2022, the Burns White team achieved a full dismissal of all claims in the U.S. District Court for the Western District of Pennsylvania. The plaintiff appealed. In January of 2023, a three-judge panel of the U.S. Court of Appeals for the Third Circuit heard live oral argument from Tom Pohl on behalf of all defendant-appellees. The panel subsequently issued an October 26, 2023 published opinion affirming Burns White’s arguments that the ADEA claims were conclusory and failed to state actionable claims.