Equal Employment Opportunity Commission v. Freeman

MEMORANDUM OPINION

ROGER W. TITUS, District Judge.

World-renowned poker expert Kenny Rogers once sagely advised, “You’ve got to know when to hold 'em. Know when to fold ‘em. Know when to walk away.”1 In the Title VII context, the plaintiff who wishes to avoid paying a defendant’s attorneys’ fees must fold ‘em once its case becomes so groundless that continuing to litigate is unreasonable, i.e. once it is clear it cannot have a winning hand. In this case, once Defendant Freeman revealed the inexplicably shoddy work of the EEOC’s expert witness in its motion to exclude that expert, it was obvious…