Tag Archives: “sex discrimination”

Second Circuit Vacates District Court Judgment in Sex Discrimination Case Permitting an Arbitrator to Certify a Class Including Absent Class Members

In a sex discrimination case we have been following for almost six years, the Second Circuit has added a measure of rationality by vacating a lower court opinion that would have permitted an arbitrator’s certification of a class that included approximately 44,000 absent class members who had not consented to join. The three-judge panel in … Continue Reading

Pattern-or-Practice Claim Doesn’t Trump Arbitration Agreement – Karp v. CIGNA Healthcare Inc.

Once again a court has been required to consider whether a federal statutory claim might limit the reach of the Federal Arbitration Act, 9 U.S.C. § 1 et. seq. (“FAA”), and prevent arbitration of an individual discrimination claim.  This twenty-two-page decision reflects the on-going struggle by plaintiffs to discover potential exceptions to the U.S. Supreme … Continue Reading

New Jersey Court Denies Certification of Large Sex Discrimination Class in Light of Dukes

In Dukes v. Wal-Mart Stores, Inc., 131 S. Ct. 2541 (2011), the Supreme Court held that it was error to certify a class of 1.6 million women alleging sex discrimination in employment. But what about a smaller, yet still enormous class? In Bell v. Lockheed Martin Corp., Case No. 08-6292 (RBK/AMD) (Dec. 14, 2011), the … Continue Reading

Sixth Circuit Affirms Summary Judgement in Multiple-Plaintiff Firefighter Case

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
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