“The panel failed to decide the intra-circuit split squarely presented to it by my client and the EEOC as amicus, on the question of whether a single comparator is sufficient to state a prima facie case under the Equal Pay Act,” Attorney Matthew Ghio, of St. Louis, represented the plaintiff. “Instead, the panel chose to assume that question away and decide the affirmative defense question not addressed by the trial court, where the company would have the burden of proof in front of a jury.”
Mute Rulings on Certain Claims: 7th Circuit Provides Guidance for District Court’s ‘Clerical Mistake’
“The district court’s final judgment here was silent about the