District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In Brotherhood of Maintenance of Way Employees v. Ind. Harbor Belt R.R. Co., (Case No. 2:13-cv-00018, 2014 WL 4987972,October 7, 2014), … Continue Reading

Too Big to Succeed – Are Class Actions a Proper Procedural Tool or a Means to Coerce Settlements and Enrich a Few?

By John Lewis on April 7, 2011 Posted in Class Certification, Rule 23

In the wake of the oral argument in the mega class action, Wal-Mart v. Dukes, The New York Times ran an interesting April 3, 2011 article by Adam Liptak entitled “When a Lawsuit Is Too Big.” The subtitle, “Class-action suits can be large and impersonal. Critics say this is why they are often unfair to … Continue Reading

Sixth Circuit Affirms Summary Judgement in Multiple-Plaintiff Firefighter Case

By Greg Mersol on December 28, 2010 Posted in Discrimination, Public Sector

Litigation often begets more litigation. A recent decision of the United States Court of Appeals for the Sixth Circuit reflects that even 35 years after it thought it settled a lawsuit regarding the hiring and promotion of officers in its fire department, the City of Memphis, Tennessee is still embroiled in litigation involving some of … Continue Reading