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Kelly M. Dermody

By Joshua Sebold | Jul. 18, 2018

Jul. 18, 2018

Kelly M. Dermody

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Lieff Cabraser Heimann & Bernstein LLP

Dermody likes to bring big cases against big corporate targets like Goldman Sachs Group Inc., Google Inc. and Duke University and she doesn’t seem to have much trouble finding them.

Most people think of basketball when they envision the rivalry between Duke and The University of North Carolina at Chapel Hill, but Dermody is currently leading a certified class action alleging a wage suppression scheme between the deans of the medical facilities at both schools. Dermody said the competition got a bit too hot for the schools in the medical field so they attempted to circumvent the rules.

“The medical deans realized it was very costly to lose a physician or a physicians group to their geographical competitor and better if they just not hire from each other,” she said. “But you can’t suppress the market forces in order to stop competition.”

The dean of UNC settled early on and is now cooperating in the case against Duke. Seaman v. Duke University, 15-CV00462 (M.D. N.C., filed June 9, 2015).

Dermody said she was thankful for the work of some student journalists at the schools who covered the alleged hiring freeze. Some of the interviews they conducted produced meaningful admissions by witnesses pertinent to the litigation.

She said price-fixing cases like this are very hard to uncover and more of them probably exist than ever see the light of day. Dermody said in this case a Duke employee became aware of the scheme when he was told that UNC would never be allowed to hire him if he left.

Dermody has also been active in the #MeToo movement, helping women resolve claims quietly when possible. She’s proud of the women coming forward to tell their stories and hold perpetrators accountable.

“It’s been really amazing to watch the impact on the culture of legal claims,” she said. “There is so much more willingness on the part of women to come forward and name the things that have happened.”

Dermody said she doesn’t see the momentum slowing down anytime soon.

“I don’t think there’s going to be a letting off of people being named in the media.”

— Joshua Sebold

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