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Employees Committed for Justice, et al. v. Eastman Kodak Company

CASE NUMBER: 6:04-cv-06098-JWF, 6:07-cv-6512 JWF
SETTLEMENT AMOUNT: $21.38 million
COURT: United States District Court for the Western District of New York

Berger Montague successfully represented a class of over 3,000 current and former African-American employees of the Eastman Kodak Company in their Title VII race discrimination claims. Plaintiffs alleged that Kodak discriminated against African-American employees in their employment, including with respect to pay, promotions, performance appraisals, initial job assignments, and layoffs, the creation of a racially hostile work environment and retaliation when African-American employees complained about racial discrimination.

After five years of hotly contested litigation, the parties reached a settlement for payment in the amount of $21,376,500.00.  In addition to monetary consideration, the settlement also provides for extensive non-monetary relief over a four-year term, which includes agreement that Kodak will maintain and enforce non-discrimination and anti retaliation policies, retain personnel to review and study its employment policies and practices, and develop further enhancements to its existing equal opportunity and diversity training.

On September 3, 2010, the Court granted final approval to the class action settlement.  On November 24, 2010, the Claims Administrator mailed payments to all class members.

In granting approval to the terms of the settlement, the Court described Plaintiffs’ counsels’ conduct as follows:

In my fifteen years on the bench, no case has been litigated with more skill, tenacity and legal professionalism than this case.  The clients, corporate and individual, should be proud of the manner in which their legal interests were brought before and presented to the Court by their lawyers and law firms.

… the Court would be remiss if it did not commend class counsel and all those who worked for firms representing the thousands of current and former employees of Kodak for the outstanding job they did in representing the interests of their clients.  For the last several years, lead counsel responsibilities were shared by Shanon Carson and Bruce Gerstein.  Their legal work in an extraordinarily complex case was exemplary, their tireless commitment to seeking justice for their clients was unparalleled and their conduct as officers of the court was beyond reproach.

The cases are Davis v. Eastman Kodak Company, 6:04-cv-6098-JWF (W.D.N.Y.) and Alston v. Eastman Kodak Company, 6:07-cv-6512-JWF (W.D.N.Y.)

For questions about this case against Eastman Kodak Company, please contact Shanon J. Carson at (215) 875 4656 or by email at

The following documents are available for review:

Lead Attorneys

Shanon Carson Headshot

Shanon J. Carson

Managing Shareholder

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