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Category Archives: Class Certification

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Michigan Court Of Appeals Affirms Certification Of Class Of Male Corrections Officers Alleging Reverse Discrimination

Posted in Class Certification

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On August 19, 2014, in Nowacki v. Department of Corrections, Case No. 315969  (Mich. Ct. App. Aug. 19, 2014), the Michigan Court of Appeals affirmed the certification of a class of male corrections officers alleging that certain policies enacted at the Women’s Huron Valley Correctional Facility, the defendant’s only facility … Continue Reading

Fourth Circuit Denies As Untimely A Request To Review A Decision On A Motion To Decertify A Class In Light Of Comcast v. Behrend

Posted in Class Certification

By Rebecca Bjork and Gerald L. Maatman, Jr.

On July 25, 2014, a three-judge panel of the Fourth Circuit refused to accept a Rule 23(f) interlocutory appeal in a case where an employer had asked the district court to decertify a hostile work environment class in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013).  In Nucor v. … Continue Reading

Despite Wal-Mart Stores v. Dukes, Court Certifies Hostile Work Environment Class Of Current And Former African-American Employees

Posted in Class Certification

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On July 5, 2014, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois certified a class of current and former African-American employees alleging claims of racial discrimination against Comcast, Inc.  In Brand v. Comcast, Case No. 11 C 8471 (N.D. Ill. July 5, 2014), … Continue Reading

Seventh Circuit Marginalizes Comcast And Rules That “Common Damage” Is Not Required For Class Certification In Products Cases

Posted in Class Certification

By  Gerald L. Maatman, Jr. and Jennifer A. Riley

On July 2, 2014, the U.S. Court of Appeal for the Seventh Circuit entered its opinion in IKO Roofing Shingle Products Liability Litigation, No. 14-1532 (7th Cir. July 2, 2014), and vacated a district court’s decision denying class certification.

A Seventh Circuit panel of Judges Wood, Easterbrook, and … Continue Reading

Central District Of California Denies Class Certification — And It Wasn’t Even Close

Posted in Class Certification

By Eric M. Lloyd, Gerald L. Maatman, Jr., and Laura J. Maechtlen 

Earlier this week, the U.S. District Court for the Central District of California sent plaintiffs seeking to represent a putative class a reminder that they must actually be class members before certification will be granted. In Segura v. CRST Van Expedited, Inc., 12-CV-01901 (C.D. Cal. … Continue Reading

Illinois Federal Court Applies Wal-Mart To Deny Certification Of Chicago Teachers’ Discrimination Claims

Posted in Class Certification

By Matthew Gagnon and Gerald L. Maatman, Jr.

On May 27, 2014, the U.S. District Court for the Northern District of Illinois handed a major win to the Chicago Board of Education in its battle with the Chicago Teachers Union over the selection of 10 schools for turnaround in 2012, which affected the jobs of over 200 African-American teachers and … Continue Reading

New Ruling In The San Francisco Police Officers Case Dilutes Wal-Mart’s Impact On Class Certification Motions

Posted in Class Certification, Uncategorized

By Gerald L. Maatman, Jr. and Laura J. Maechtlen

On April 24, the U.S. Court of Appeals for the Ninth Circuit in Stockwell v. City & Cnty. of San Francisco, Case No. 12-15070 (9th Cir.  April 24, 2014), overturned an order denying class certification of age discrimination claims filed by a group of police officers against the City … Continue Reading

Rise Of The Zombie Lawsuit: Fifth Circuit Revives Former Dukes Class Member’s Individual Claims Against Her Former Employer

Posted in Class Certification

By Laura J. Maechtlen and Kathryn “Chris” Palamountain 

As we previously reported, following the re-booting of discrimination claims by a member of the former class in Dukes et al. v. Wal-Mart Stores, Inc., a Texas federal district court judge dismissed the individual and class claims of that plaintiff.  On appeal, the Fifth Circuit reversed the dismissal of the named … Continue Reading

District Court Reinstates Class Certification Order In Wage Suppression Case; Rules Comcast Does Not Apply

Posted in Class Certification

By Timothy F. Haley

On March 7, 2014, Judge Gerald Rosen of the U.S. District Court for the Eastern District of Michigan issued an opinion and order fully reinstating his September 13, 2013, order granting the plaintiffs’ motion for class certification in Cason-Merenda v. VHS of Michigan, Inc., Case No. 06‑15601, 2014 U.S. Dist. LEXIS 29447 (E.D. Mich. Mar. 7, … Continue Reading