After Lynne Bernabei sent a demand letter on behalf of a partner at Ballard Spahr, describing her gender and pay discrimination claims, Ballard Spahr responded by filing a retaliatory lawsuit against our client. Ballard Spahr’s lawsuit sought a judgment that the firm had not violated the Equal Pay Act or breached and fiduciary duty, but did not address her remaining claims. We filed a motion to dismiss, arguing that the firm’s lawsuit was retaliatory, and improperly sought to predetermine facts that were being addressed by the Equal Employment Opportunity Commission. On September 24, the Court granted our motion to dismiss the complaint, accepting our arguments that there was no active controversy, and that it would be premature and improper to issue a declaratory judgment on the Equal Pay Act claim, given the administrative exhaustion required for the Title VII and Maryland statutory claims. Click here to read the decision.
