McLEOD v. GENERAL MILLS, INC.

No. 15-3540.

854 F.3d 420 (2017)

Elizabeth McLEOD; Heidi O'Sullivan; Sherri Slocum; Ivette Harper; Robert West; Kevin Stemwell; Stephen Miller; Peggy Maxe; Karalyn Littlefield; Colleen Friedrichs; Arlene Hornilla; Marilyn Epp; Dwight Sevaldson; Ann Carlson; Michael Baehr; Gabriele Bauer; Mark Davis; Susanne Dehnke; Frank Delaney; Paula Freeman-Brown; Barbara Fuglie; Richard Fugile; Christopher Gunn; Michelle Laurence; Robert Morris; Vicki Nellen-Jungers; Heidi Neumann; Greg Norman; Michelle Racepla; Susan Ryan; Timothy Schroeder; Diane Sundquist; Greg Zimprich, for and on behalf of themselves and other persons similarly situated, Plaintiffs-Appellees v. GENERAL MILLS, INC., Defendant-Appellant. Equal Employment Advisory Council; Chamber of Commerce of the United States, Amici on Behalf of Appellant(s), AARP; Equal Employment Opportunity Commission, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: April 14, 2017.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Aaron Daniel Van Oort , of Minneapolis, MN. The following attorneys also appeared on the appellant brief; Marko Joseph Mrkonich , Susan Fitzke , Jeffrey Justman , all of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Craig Andrew Brandt , of Minneapolis, MN. The following attorneys also appeared on the appellee brief; Stephen J. Snyder and Brent C. Snyder , both of Minneapolis, MN.

Counsel who presented argument on behalf of the amicus, EEOC, was Anne Warren King , Washington, DC. Appearing on the brief for the EEOC was Barbara L. Sloan , Washington DC.

Before BENTON and SHEPHERD, Circuit Judges, and STRAND, District Judge.


The Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act, permits waivers of ADEA rights and claims — but only if they are "knowing and voluntary" as defined by statute. 29 U.S.C. § 626(f)(1). In a waiver dispute, "the party asserting the validity of a waiver...

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