Shushan v. University of Colorado
United States District Court for the District of Colorado
132 F.R.D. 263 (1990)
- Written by Mary Phelan D'Isa, JD
Facts
Drs. Sam Shushan and Erik Bonde (doctors) (plaintiffs), tenured professors at the University of Colorado (university) (defendant), declined to retire after their respective dean and department chairman allegedly urged them to accept early retirement. Citing numerous allegations of retaliatory actions directed towards them and their similarly situated older colleagues by the university, the doctors filed a collective age-discrimination action under the Age Discrimination in Employment Act (ADEA) against the university. The doctors sought conditional certification of a class. The doctors argued that because their action was a statutory class action under the ADEA, their suit was not subject to the class-action certification requirements in Federal Rule of Civil Procedure (FRCP) 23.
Rule of Law
Issue
Holding and Reasoning (Nottingham, J.)
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