By Gerald L. Maatman, Jr., Alex S. Oxyer, and Lisa L. Savadjian

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, promotion, and compensation decisions relative to its
Continue Reading New York Federal Court Denies Class Certification To Employees Of The Fire Department Of New York

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  In Handloser v. HCL Technologies LTD, No. 19-CV-1242, 2021 U.S. Dist. LEXIS 45183 (N.D. Cal. Mar. 9, 2021), Plaintiffs alleged that an Indian-based company with its U.S. headquarters in California gave preferential hiring treatment to foreign visa-holders over U.S. citizens.  Citing the U.S. Supreme Court’s landmark decision in Wal-Mart
Continue Reading California Court Denies Class Certification In Reverse Discrimination Case Brought By Job Candidates

By Gerald L. Maatman, Jr.

Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth’s 2021 Workplace Class Action Litigation Report, wage & hour litigation remained the sweet spot for the plaintiffs’ class action bar over the past year. Based on sheer volume and statistical numbers, workers certified more class and collective actions in the wage &
Continue Reading 5 Top Trends In Workplace Class Action Litigation: Trend #5 Class Certification Trends

 By Gerald L. Maatman and Michael L. DeMarino

Seyfarth Synopsis: The U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), still lords over employment discrimination class actions nearly a decade later. Indeed, Nelson, et al. v. Pace Suburban Bus, et al., No. 17 C 7697, 2020 WL 6565241, at *1 (N.D. Ill. Nov. 9,
Continue Reading Class Certification Denied In Bus Company Discrimination Suit

By Jennifer A. Riley, Christina M. Janice, and Alex Oxyer

Seyfarth Synopsis: On July 14, 2020, Judge James Donato of the U.S. District Court for the Northern District of California became the latest to deny appointment of class counsel in a class action based on lack of diversity, including lack of diversity in gender (all male) and experience
Continue Reading Another Federal Court Suggests That, To Meet Adequacy Requirements, Class Counsel Should Reflect The Diversity Of The Putative Class

By: Gerald L. Maatman, Jr., Michael L. DeMarino, and Andrew Welker

Seyfarth Synopsis: On April 30, 2020, the California Superior Court granted class certification against Oracle America Inc., allowing former employees to represent a class of over 4,100 women for claims of alleged discrimination in violation of California’s Equal Pay Act.  Following the Superior Court’s class certification
Continue Reading California Court Of Appeal Denies Oracle’s Petition For A Writ Of Mandate Or A Writ Of Prohibition To Reverse Class Certification Order

By Gerald L. Maatman, Jr., Alex S. Oxyer, and Paul M. Waldera

Seyfarth Synopsis: In Toomey v. Arizona, No. 19-CV-0035, 2020 WL 2465707 (D. Ariz. May 12, 2020), a Magistrate Judge for the U.S. District Court for the District of Arizona recommended the certification of class claims brought under Title VII and the Equal Protection Clause regarding
Continue Reading Arizona Federal Court Recommends Class Certification On The Basis Of Demographic Studies

By Gerald L. Maatman, Jr., Jennifer A. Riley, and Alex S. Oxyer

Seyfarth Synopsis: Although federal courts are certifying class actions at a record rate, a recent opinion by the U.S. District Court for the Southern District of Ohio demonstrates that the requirements of Rule 23 are not mere formalities.  In Littler v. Ohio Association of Public
Continue Reading Ohio Federal Court Rules That Varying “Interests” And “Feelings” Among Putative Class Members Prevents Class Certification 

By Gerald L. Maatman, Jr., Jennifer Riley, and Michael L. DeMarino

Seyfarth Synopsis: For nearly a decade, the aftershocks of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc.  v. Dukes have curtailed the success of plaintiffs attempting to certify class discrimination claims in situations where the alleged discriminatory policy is highly discretionary. But Zollicoffer, et al.
Continue Reading Class Certification Granted In Staffing Company Workplace Bias Suit

By Gerald L. Maatman, Jr., Jennifer Riley, Alex S. Oxyer, Paul M. Waldera

Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to conditionally certify a nationwide collective
Continue Reading New York Federal Court Finds That A Common Policy Or Plan Is Still Critical To ADEA Collective Actions