Rhodes v. R+L Carriers
Public Justice was co-counsel in this successful appeal from a district court’s decision dismissing employment discrimination claims under Ashcroft v. Iqbal.
The plaintiff, Gene Rhodes, alleged that he was retaliated against for objecting to illegal discrimination and that he was discriminated against on the basis of his age. The district court dismissed Mr. Rhodes’s claims for failure to state a “plausible” claim (as Iqbal requires), and Public Justice argued on appeal that Mr. Rhodes’s complaint was sufficient under the Iqbal standard and should not have been dismissed.
The Sixth Circuit ruled in favor of Mr. Rhodes and reversed the district court’s dismissal.
Public Justice Staff Attorney Claire Prestel and Senior Attorney Paul Bland worked with Jon Allison and Randy Freking of Freking & Betz, LLC in Cincinnati, Ohio. Former Brayton-Thornton Attorney Melanie Hirsch also worked on this case.
The U.S. Equal Employment Opportunity Commission, the National Employment Lawyers Association and AARP filed amici briefs supporting Mr. Rhodes.
Public Justice’s Iqbal Project was started in 2009 to stop defendants from improperly citing the decision as a way to get plaintiffs’ claims thrown out of court.
- Claire Prestel
Jon Allison and Randy Freking of Freking & Betz, LLC in Cincinnati