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David G. Karro

Selected Works

2007

Employment Practice

Articles 1 - 2 of 2

Full-Text Articles in Law

Common Sense About Common Claims, David G. Karro Jan 2007

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 Jan 2007

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.