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 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: Gina R. Merrill, David B. Ross, and Gerald L. Maatman, Jr.

Seyfarth Synopsis: In a decision with farreaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class on the grounds that the proposed class contained uninjured class members in the case of In Re
Continue Reading Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage

#16-3836 2017 WCAR Front Cover for Word In the third post of our series on workplace class action issues, this blog posting focuses on the statistical study of class certification rulings throughout the Unites States in 2016. Not unlike real estate, location – in terms of venue, the assigned judge, and applicable circuit case law – is an all-important factor in class certification dynamics.


Federal and
Continue Reading The Story Behind Class Certification Statistics In 2016 And What It Means For Employers

th2H4JI06DSeyfarth 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 Illinois found that such discretion, and the individual hiring
Continue Reading Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

School desk with pencil and appleBy 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 Seventh Circuit Again Limits Application Of The Wal-Mart Ruling And Certifies Chicago Teachers’ Discrimination Claims

By Rebecca S. Bjork and Gerald L. Maatman, Jr.

After Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), class action litigants are re-booting their theories in employment discrimination class actions. The stakes are high and the legal theories are novel in these workplace class actions, especially when an employer’s decision-making processes – either objective, subjective, or both
Continue Reading Court Denies Class Certification In Race Discrimination Case Against The Fed

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

In a well-reasoned and very important decision for all class action practitioners, the U.S. Court of Appeals for the Third Circuit recently ruled in Rodriguez, et al. v. National City Bank No. 11-8079 (3d Cir.  Aug. 12, 2013), that a District Court did not abuse its discretion in refusing to approve
Continue Reading Not So Fast: Third Circuit Refuses To Overturn Denial Of Rule 23 Settlement Class Based On Wal-Mart Stores, Inc. v. Dukes

wdpa.jpgBy Anthony Califano and Lynn Kappelman

On April 12, 2013, a federal judge in the Western District of Pennsylvania issued an order striking Plaintiff’s class claims in Semenko v. Wendy’s International. Inc., No. 12-CV-00836 (W.D. Pa. April 12, 2013). Specifically, the Court held that Semenko’s purported class-wide disability discrimination claims did not satisfy Fed.R.Civ.P. 23(a) or (b), and thus Wendy’s

Continue Reading Pennsylvania Federal Court Strikes Class Action Claims In Disability Discrimination Case

udco.bmpBy Christopher DeGroff and Gerald L. Maatman, Jr.

In yet another case regarding discovery of social media content, Magistrate Judge Michael E. Hegarty of the U.S. District Court for the District of Colorado recently sanctioned the EEOC for its efforts to evade discovery of social media content in EEOC v. The Original Honeybaked Ham, No 11-CV-2560 (D. Colo. Feb. 27

Continue Reading District Court Sanctions The EEOC For Thwarting Discovery Of Social Media Content