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Category Archives: Class Certification

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Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

Posted in Class Certification

By: Gerald L. Maatman, Jr. and John S. Marrese

Seyfarth Synopsis:  African American pipefitters filed a class action against their labor union based on its allegedly discriminatory system for referring jobs to union members.  Despite the fact that third-party employers retained sole discretion in deciding whether to hire a union referral, the U.S. District Court for the Northern District of … Continue Reading

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

Posted in Class Certification

By Laura Maechtlen and Julie G. Yap

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 claims of discrimination under both disparate impact and disparate treatment liability theories. Id. at 6-12, 18. The … Continue Reading

Court Denies Class Certification On Religious Discrimination Claims

Posted in Class Certification

By Gerald L. Maatman Jr. and Christina M. Janice

In an order recently issued in James Robinson III, et al. v. General Motors Company, et al., Case No. 15-CV-158-Y (N.D. Tex. Oct. 21, 2015), Judge Terry R. Means of the U.S. District Court for the Northern District of Texas denied class certification to two employees of General Motors Company (“GM”), … Continue Reading

Doing the “Two Step”: Court Grants Stage One Conditional Certification Of EPA Collective Action

Posted in Class Certification

By Gerald L. Maatman Jr. and Howard M. Wexler

In a case we previously blogged about here where the Court refused to grant Plaintiffs’ request for equitable tolling on their claims under the Equal Pay Act (“EPA”), Magistrate Judge Michael Dolinger recently issued a decision granting Plaintiffs’ motion for conditional certification of a collective action under the EPA to cover … Continue Reading

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

Posted in Class Certification

By Christopher M. Cascino and Gerald L. Maatman, Jr.

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 district court decision we discussed previously here and certified the … Continue Reading

Stock-Not So-Well: Officers Denied Class Certification Of Age Discrimination Claims (Again)

Posted in Class Certification

By William David and Laura J. Maechtlen

As we reported here to our loyal blog readers, in April 2014, the Ninth Circuit overturned an order denying class certification of age discrimination claims filed by a group of police officers in Stockwell v. City & Cnty. of San Francisco , 749 F.3d 1107 (9th Cir. 2014). On remand, the officers filed … Continue Reading

Ninth Circuit Opinion Suggests Potential Tool To Oppose Certification Of Successive Class Or Collective Actions

Posted in Class Certification

By Christopher M. Cascino and Gerald L. Maatman, Jr.

In Baker v. Microsoft Corp., No. 12-35946, 2015 U.S. App. LEXIS 4317 (9th Cir. Mar. 18, 2015), the U.S. Court of Appeals for the Ninth Circuit considered whether to adopt a rule creating a principle of comity between different federal district courts under which denial of class certification in one district … Continue Reading

“Law of the Case” Sinks Class Certification Of Systemic Gender Discrimination Claims

Posted in Class Certification

By Gerald L. Maatman, Jr. and Gina R. Merrill

In 2010, three women filed a class action suit against Goldman Sachs accusing it of gender bias and a “corporate culture” that allegedly favored men over women in determining pay and promotions.  After protracted battles over whether Goldman could compel individual arbitration and then over the scope of discovery, the issue … Continue Reading

Second Circuit Overturns Rule 23 Class Certification As Individual Inquiries “Overwhelm” Class Issues

Posted in Class Certification

By Gerald L. Maatman Jr. and Howard M. Wexler

On March 4, 2015, the U.S. Court of Appeals for the Second Circuit reversed a District Court’s decision to certify a class action against Nextel Communications, Inc. (“Nextel”) in Johnson, et al v. Nextel Communications, Inc., et. al., 2015 U.S. App. LEXIS 3470 (2d Cir. Mar. 4, 2015), which we previously … Continue Reading

Sixth Circuit Denies Petition To Appeal Class Certification In A Purported $1.7 Billion Compensation Suppression Antitrust Case

Posted in Class Certification

By Timothy F. Haley

The U.S. Court of Appeal for the Sixth Circuit recently rejected the Defendant’s petition in In Re VHS of Michigan, Inc., dba Detroit Medical Center, No. 14-0107, 2015 U.S. App. LEXIS 1816 (6th Cir. Feb. 3, 2015), to appeal the order to certify a class estimated to exceed 20,000 registered nurses in a compensation suppression … Continue Reading