Last Friday, the Seventh Circuit Court of Appeals issued a significant employment class action decision that may challenge conventional wisdom about the impact of the Supreme Court’s 2011 decision in Wal-Mart Stores, Inc. v. Dukes. The opinion, authored by respected Judge Richard Posner, is McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. [...]
Posts Tagged ‘employment discrimination’
Think Dukes Was the End of the Employment Discrimination Class Action? Think Again.
Posted in Class Action Trends, Employment Class Actions, Federal Court Decisions, tagged 23(b)(2), 23(c)(4), class action, class certification, class treatment, disparate impact, dukes, employment discrimination, frcp 23, issue certification, mcreynolds, merrill lynch, posner, rule 23, seventh circuit, Supreme Court, wal-mart on February 29, 2012 | 2 Comments »
Is the Key to Class Actions Under FRCP 23(b)(2) that the Plaintiff Seeks “Equitable” Relief, or that the Plaintiff Seeks “Monetary” Relief?
Posted in Class Action Decisions, Employment Class Actions, Federal Court Decisions, rule 23, tagged 23(b)(2), back pay, class action, dukes, employment discrimination, equitable, injunctive relief, monetary, posner, wal-mart on April 7, 2011 | Leave a Comment »
Last week, Seventh Circuit Court of Appeals Judge Richard Posner authored an opinion addressing one of the key issues awaiting a ruling by the United States Supreme Court this term, holding that an employment discrimination class action seeking back pay could not be certified under FRCP 23(b)(2). Here is a relevant excerpt from the opinion, Randall v. Rolls-Royce Corp., No. 10-3446, [...]
Wal-Mart v. Dukes Oral Argument Transcript
Posted in Class Action News, Employment Class Actions, Supreme Court Decisions, tagged back pay, commonality, dukes, employment discrimination, ginsburg, injunctive relief, kagan, oral argument, predominance, rule 23(b)(2), scalia, sotomayor, Supreme Court, typicality, wal-mart on March 29, 2011 | 1 Comment »
The Wal-Mart v. Dukes argument was held as scheduled today. Here is a Wal-Mart v. Dukes Oral Argument Transcript. Some initial observations: The beginning of the defendant’s argument was focused on the proper standard for reviewing whether the plaintiff had sufficiently common evidence of a uniform policy. It was not until later in the defendant’s [...]
Cert Granted in Walmart v. Dukes
Posted in Class Action News, Employment Class Actions, rule 23, Supreme Court Decisions, Uncategorized, tagged 23(b)(2), dukes, dukes v. wal-mart, employment class action, employment discrimination, scotus, u.s. supreme court on December 7, 2010 | 2 Comments »
Can plaintiffs seek back-damages using a class action vehicle that’s built for righting wrongs in equity through remedies like injunction? In the biggest work place class action ever, the United States Supreme Court has granted cert on the question of whether plaintiffs can use the Rule 23(b)(2) injunctive class procedure as a vehicle to seek money damages. [...]
Law Society Gazette: Government Report Calls for Opt-Out Collective Action Procedure for UK Employment Cases
Posted in Class Action News, International Class Action Law, tagged employment class action, employment discrimination, England class action, England collective action, equal pay class action, UK class action, UK collective action on August 6, 2009 | Leave a Comment »
One more abbreviated post before I return from vacation. Neil Rose of the British publication the Law Society Gazette reports that the paper has obtained unpublished government research calling for an opt-out collective action procedure for dealing with a backlog of equal pay, discrimination, and other employment claim against government agencies in the UK. Here’s a link: http://www.lawgazette.co.uk/news/class-actions-employment-tribunals-called-government-research
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More on Posner’s McReynolds Decision
Posted in Class Action Decisions, Class Action News, Class Action Trends, Commentary, Employment Class Actions, tagged class action, disparate impact, dukes, employment class action, employment discrimination, issue certifiication, mcreynolds, posner, rule 23, wal-mart on March 2, 2012 | Leave a Comment »
For those readers who are interested in additional insights on Judge Posner’s opinion in McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir., Feb. 24, 2012), which was the subject of Wednesday’s CAB post, here’s a link to an insightful executive alert on the decision, which was authored by colleagues in Baker Hostler’s New York office, partner Deborah [...]
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