News & Analysis as of

Commonality Title VII

Miles & Stockbridge P.C.

California Federal Court Reaffirms Standard for Establishing Commonality in Rule 23 Certification Under Title VII

On March 9, 2021, the United States District Court, Northern District of California issued a ruling in Handloser v. HCL Technologies Ltd., 19-cv-01242-LKH, 2021 WL 879802 (Mar. 9, 2021), applying the 2011 Supreme Court...more

Seyfarth Shaw LLP

Arizona Federal Court Recommends Class Certification On The Basis Of Demographic Studies

Seyfarth Shaw LLP on

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...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

Littler on

For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Polsinelli

New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

Polsinelli on

On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under...more

Orrick - Employment Law and Litigation

Justice Scalia’s Employment Law Legacy

On February 13, 2016, Justice Antonin Scalia, the anchor of the Court’s conservative wing for nearly three decades, passed away. He leaves behind a distinguished legal career that involved experience in wide range of roles....more

BakerHostetler

Sixth Circuit Affirms Refusal to Certify Disparate Impact Sex Discrimination Case

BakerHostetler on

On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eastern District Refuses To Rely On Dukes To Kill Class Claims At Pleadings Stage Of Sex Bias Lawsuit

Calibuso, et al. v. Bank of America Corp., et al., No. 10-CV-1413(JFB)(ETB) (E.D.N.Y. Sept. 27, 2012, Bianco, J.): The plaintiffs, on behalf of a Rule 23 putative class of financial advisors, claimed that Bank of America’s...more

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