43 results for 'cat:"Civil Rights" AND cat:"Class Action"'.
J. McCook partially grants the city defendant's motions to compel discovery in this class action arising from an alleged sex-trafficking venture. The named plaintiffs, who represent the victims of the alleged venture, are ordered to search their "additional source" for responsive documents under Category Three, which includes written communications or phone calls between the plaintiffs and an individual allegedly involved in the conspiracy.
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: May 10, 2024, Case #: 2:23cv71, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Discovery, class Action
J. Rothstein dismisses the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant fails to state his claim because while intangible injuries like the omission of statutorily required information can be concrete, the job applicant actually alleges a technical violation because the job posting's lack of information does not harm or create a material risk of harm to any single person's concrete interest.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: April 30, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, class Action
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J. Beetlestone grants in part a group of children’s motion for leave to amend their first amended complaint to reflect the broader proposed class that they seek to certify in this civil rights suit alleging Sesame Place characters refused to interact with the children because of their race. SeaWorld, the owner of Sesame Place, has not shown that it would be prejudiced if leave to amend were granted.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: March 8, 2024, Case #: 2:22cv2941, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, class Action
J. Tigar grants class certification and puts in place a preliminary injunction in a civil rights dispute with San Francisco over the Sheriff's office's use of electronic monitoring practices for criminal defendants on pretrial release. A four-way search provision that allows an officer to search a pretrial releasee and their property upon encountering them without a warrant, as well as a data sharing rule that lets the Sheriff's office share GPS ankle monitor data with other agencies, could pose unlawful privacy risks that have not been proven to be necessary. The practices are barred from being enforced while the dispute plays out.
Court: USDC Northern District of California, Judge: Tigar, Filed On: February 13, 2024, Case #: 4:22cv5541, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Privacy, class Action
J. Wright denies a motion for class certification in the nonprofit and the once-homeless individuals' suit against various government entities alleging that police sweeps of encampments of the homeless in Minneapolis parks have violated their civil rights. While the plaintiffs are no longer homeless, the transitory nature of homelessness qualifies them for an exception to typical standing requirements. They have not, however, successfully demonstrated that the proposed class is sufficiently numerous for class certification, nor identified predominantly common questions that would be more efficiently resolved in a class action. They have demonstrated that they would be adequate representatives of the proposed class, but not that their experience is typical of homeless people in Minneapolis. The need for tailored relief based on the circumstances of the various encampments would also prevent them from obtaining relief to the entire class through a single injunction.
Court: USDC Minnesota, Judge: Wright, Filed On: January 31, 2024, Case #: 0:20cv2189, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Housing, class Action
J. Hanlon certifies the class in claims challenging a law that would prohibit physicians from providing gender transition procedures to minors because the proposed class of minors, parents, and medical providers would be affected by the law.
Court: USDC Southern District of Indiana, Judge: Hanlon, Filed On: January 23, 2024, Case #: 1:23cv595, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Lgbtq, class Action
J. Dorsey denies the criminal defense attorney's motion for class certification on her claims the corrections company recorded privileged calls between herself and incarcerated clients, violating federal and state wiretap acts. Common questions do not predominate over individualized consent and damages inquiries as to the proposed class of more than 2,000 attorneys.
Court: USDC Nevada, Judge: Dorsey , Filed On: January 16, 2024, Case #: 2:18cv1280, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Communications, class Action
J. Reidinger denies a group of white Asheville residents’ motion for class certification after it claimed Asheville’s city government discriminated against its members on the basis of race. The group, challenging a city HR policy which had specific demographic quotas for its volunteer-based commission, claimed that because the policy required certain numbers of people of color to be appointed, the city was discriminating against its members as white people. Of 46 white people in the class, 16 of them were appointed by the city, leaving 30 not appointed, but the class does not provide any evidence as to why those 30 were not appointed. Also, the city changed the policy a year prior, still encouraging marginalized people’s participation in the commission but removing any specific quotas, in effect negating the reason for the group’s complaint.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 16, 2024, Case #: 1:23cv259, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, class Action
J. McDonough denies the former employees' motion for class certification in this putative class action asserting claims under Title VII and the Religious Freedom Restoration Act. The court previously dismissed their claim under the RFRA. The employees' remaining claim alleges a failure to accommodate their religious beliefs in connection with a vaccine mandate. However, they fail to show that "the class is so numerous that joinder of all members is impracticable."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: November 6, 2023, Case #: 3:22cv426, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, class Action
J. Wood finds the county court improperly certified this class action arising upon the medical group’s alleged violation of the Patient Right-To-Know Act by its failure to provide the terminated doctor with a list of his patients, or to inform the patients of the doctor’s new location. The predominance prerequisite was not satisfied. Being that not all of the doctor’s patients were affected, the court would have had to have made individual inquiries to determine whether the group failed to respond to any one patient’s request or if it misled patients. This was not done. Reversed and remanded.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: October 26, 2023, Case #: CV-23-42, Categories: civil Rights, Health Care, class Action
J. Cogburn partially grants a restaurant its motion for summary judgment in this class action against it brought by current and former shift managers alleging the restaurant routinely forced them to work unpaid hours. A specific class member also claims gender discrimination based on his manager’s reprimands for his “mannerisms” as a gay man and his long acrylic fingernails, as well as the manager’s alleged refusal to pay him equally to straight staff or promote him. This member also claims he was fired for being gay. Although this member has failed to produce convincing evidence of most of sexuality discrimination claims, the restaurant has not demonstrated sufficient proof to claim summary judgment on his disparate discipline claim nor the class’s wage discrimination or wrongful discharge claims.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: October 20, 2023, Case #: 3:20cv266, NOS: Employment - Civil Rights, Categories: civil Rights, class Action, Labor
J. Tunheim largely grants the Minnesota Sex Offender Program and its administrators' motion to dismiss the program detainees' suit alleging failures to transfer them to lower-security facilities. One procedural due process claim survives, but the detainees' other claims are dismissed with prejudice, and their request for damages is dismissed without prejudice. A motion to certify a class is also denied.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 28, 2023, Case #: 0:23cv486, NOS: Civil Detainee: Conditions of Confinement - Prisoner Petitions, Categories: civil Rights, class Action, Prisoners' Rights
J. Beeler dismisses class claims against Evolve, an online vacation-rental company, that allege the company discriminates against non-U.S. citizens by only working with U.S. and Canadian customers. The company has its headquarters in Colorado and has done nothing to specifically target California, so the claims are tossed for lack of personal jurisdiction.
Court: USDC Northern District of California, Judge: Beeler, Filed On: September 21, 2023, Case #: 3:22cv6103, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Jurisdiction, class Action
J. Bianco finds that the district court improperly denied class certification for a class of children in New York City's foster care system alleging “systemic deficiencies” in the administration. The children argue the commonality and typicality requirements under the federal rule of civil procedure should be reconsidered. "The district court, having erroneously found other legal defects in the allegations, did not address the particular evidence relating to each of the proposed common practices." Vacated.
Court: 2nd Circuit, Judge: Bianco, Filed On: September 19, 2023, Case #: 22-7, Categories: civil Rights, Due Process, class Action
J. Peterson grants class certification to the property owners in their complaint alleging that Wisconsin Secretary of Revenue Peter Barca took the owners' private property under the presumption that it was abandoned without compensating the property owners. Despite the differences in the alleged value of their properties, the claims of the property owners and other prospective class members are based on the contention that Wisconsin’s Revised Uniform Unclaimed Property Act does not follow the Seventh Circuit's decision that owners of unclaimed property should be compensated if the state uses that property.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 18, 2023, Case #: 3:20cv1109, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Property, class Action
J. Kendall partially grants an insurance company's motion to dismiss a class action brought by Black policyholders who argue the company submits their insurance claims to greater scrutiny and makes them wait longer for payouts compared to white policyholders. The policyholders brought several of their claims under the Fair Housing Act, arguing that the company dragging its feet on honoring its Black customers' policies has left those customers facing homelessness or dangerous living conditions. But the customers have not "connected the dots" between their homes' damages and the insurance company's actions. The policyholders' other charge, that the insurance company's AI-driven claims processing system has inherent anti-Black bias, survives.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 11, 2023, Case #: 1:22cv7014, NOS: Housing/Accommodations - Civil Rights, Categories: civil Rights, Insurance, class Action
J. Goodwin grants West Virginia’s motion to dismiss with prejudice one of the named plaintiffs in the child welfare class action. Since the child - now an adult - was in the custody of the Bureau of Juvenile Services, and not the Department of Health and Human Resources from June through December 2019, he "was not 'a foster child . . . in the foster care custody of DHHR' at the time this class action was filed."
Court: USDC Southern District of West Virginia, Judge: Goodwin , Filed On: September 1, 2023, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, class Action