News & Analysis as of

Class Certification Disparate Impact Class Action

Orrick, Herrington & Sutcliffe LLP

District Court denies class certification in lending discrimination suit

On May 30, the U.S. District Court for the Eastern District of Virginia entered an opinion denying class certification in a suit accusing a credit union (defendant) of lending discrimination. Each plaintiff applied to...more

Proskauer - Proskauer For Good

Class Certification Secured for Visually Impaired Chicagoans

Earlier this month, Proskauer – along with co-counsel Disability Rights Advocates (“DRA”), a nationwide nonprofit disability rights legal center – obtained class certification in an important litigation in the U.S. District...more

Proskauer - Law and the Workplace

7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses

On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more

Seyfarth Shaw LLP

New York Federal Court Denies Class Certification To Employees Of The Fire Department Of New York

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Richardson v. City of New York, No. 17 Civ. 9447, 2021 WL 1910689 (S.D.N.Y. May 12, 2021), a putative class of Plaintiffs alleged that the Fire Department of New York was discriminatory in its hiring,...more

Littler

California Superior Court Grants Class Certification in Equal Pay Case

Littler on

On April 30, 2020, Judge V. Raymond Swope of San Mateo Superior Court granted plaintiffs’ motion for class certification in Jewett et al. v. Oracle America, Inc. In doing so, the court certified a class of more than 4,100...more

Jackson Lewis P.C.

Ninth Circuit Affirms Denial Of Class Certification In Gender Bias Case

Jackson Lewis P.C. on

Reinforcing the burden on any putative class to satisfy all of the requirements of Federal Rule of Civil Procedure 23, the U.S. Court of Appeals for the Ninth Circuit has affirmed the district court’s order denying the...more

Jackson Lewis P.C.

Personal Anecdotes And Perceived Disparity In The Workplace Insufficient To Certify A Class Action

Jackson Lewis P.C. on

A federal judge in Kentucky recently ruled that anecdotal accounts alone cannot support a class claim of discrimination without “substantial statistical evidence of company-wide discrimination.” Freeman v. Delta Air Lines,...more

Seyfarth Shaw LLP

Federal Court Leaves Opportunity For A “Compelling” Exhaustion Argument

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2018

Jackson Lewis P.C. on

ABC Discount Superstores prides itself on undercutting any competitor’s prices— and on the diversity of its workforce. Always on the cutting edge, the company was among the first in the retail industry to embrace online...more

Jackson Lewis P.C.

Class Certification Granted In Goldman Sachs Gender Discrimination Litigation

Jackson Lewis P.C. on

In a 49-page opinion issued last week, Judge Analisa Torres of the United States District Court for the Southern District of New York granted class certification to a group of women alleging that Goldman Sachs systemically...more

Seyfarth Shaw LLP

Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over...more

Seyfarth Shaw LLP

Court Certifies Title VII Discrimination Case Based On Discretionary Decision-Making

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In Rollins v. Traylor Brothers, Case No. 14-CV-1414 (W.D. Wash. Jan. 21, 2016), Judge John Coughenour of the U.S. District Court for the Western District of Washington certified the claims of a class of workers alleging...more

Alston & Bird

Class Action Round-Up: Summer 2015

Alston & Bird on

The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

Carlton Fields

New York Court Conditionally Certifies Class of Entry-Level Female Sales Representatives in Collective Action Under Equal Pay Act

Carlton Fields on

A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act....more

Seyfarth Shaw LLP

Seventh Circuit Again Limits Application Of The Wal-Mart Ruling And Certifies Chicago Teachers’ Discrimination Claims

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In Chicago Teachers Union, Local No. 1, American Federation of Teachers, AFL-CIO v. Bd. of Educ. of the City of Chicago, Case No. 14-2843 (7th Cir. Aug. 7, 2015), the U.S. Court of Appeals for the Seventh Circuit reversed a...more

Orrick - Employment Law and Litigation

U.S. Census Bureau Down for the Count after Certification Ruling in Criminal Background Check Case

Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest...more

Orrick - Employment Law and Litigation

Court Strikes Down Proposed Class of Female Wal-Mart Employees – Again!

After suffering defeat in the United States Supreme Court, Plaintiffs in Dukes et al. v. Wal-Mart Stores, Inc. returned to court in California in an attempt to certify a newly defined and smaller class of 150,000 current and...more

BakerHostetler

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those...

BakerHostetler on

In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more...more

BakerHostetler

Tenth Circuit Affirms Refusal To Certify Sex Discrimination Class

BakerHostetler on

Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners,...more

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