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Common Sense About Common Claims, David G. Karro
Common Sense About Common Claims, David G. Karro
David G. Karro
In Dukes v. Wal-Mart, Inc., 506 F.3d 1168 (9th Cir. 2007), the 9th Circuit affirmed an order certifying a nationwide class of 1.5 million women claiming sex discrimination by a single employer. The court held that class members are not entitled to notice that they are in the class until after the merits are decided, and that none has the right to refuse membership. It seemed to accept the idea that it could only certify the class if it “contemplated that all members of the class will be bound by the ultimate ruling on the merits,” Sosna v. Iowa, 419 …
Retaliation After Burlington, David G. Karro
Retaliation After Burlington, David G. Karro
David G. Karro
This paper was written for a talk given to the District of Columbia bar on Title VII retaliation, generally, and on the Supreme Court's decision in Burlington Northern and Santa Fe Railway Co. Petitioner v. White, 548 U.S. 53 (2006). I took the position that the decision promised much more for plaintiffs than it was likely to deliver.
Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro
Comparing Similarly Situated People In Disparate Treatment Cases, David G. Karro
David G. Karro
I wrote this in 1993 for paralegals and new attorneys who were having trouble understanding the concept of comparing similarly situated people in order to prove motive. Many lawyers and paralegals approach the topic mechanically, without any real conception of what makes a comparison of the treatment of people probative, or not probative, of intentional discrimination. Although fifteen years old as of the time of this writing (2008), I believe the approach remains valid and still has significant pedagogical value for newcomer to the area. The citations are also useful for lawyers under who need a quick way of getting …
The Importance Of Being Earnest: Pleading And Maintaining A Class Action For The Purpose Of Binding Class Members, David G. Karro
The Importance Of Being Earnest: Pleading And Maintaining A Class Action For The Purpose Of Binding Class Members, David G. Karro
David G. Karro
This 1981 article contends, as its title suggests, that federal class actions should be brought only if class counsel believe they can represent the individual interests of the members of the class described in the complaint. After all, the mere filing of a class action complaint has legal consequences, and it is generally acknowledged that the members of even an alleged class have some right to rely on the class attorney to protect their interests. A certification order therefore does not create a class, but instead puts the court's imprimatur on class counsels’ representation that they can carry out rhw …