Babineau v. Federal Express (11th Cir 07/27/2009)
Hourly employees sued claiming breach of contract and quantum meruit for the employer's failure to pay for "all hours worked." The trial court refused to certify a class of employees employed in Florida; the 11th Circuit affirmed, holding that the trial court did not abuse its discretion.
The court assumed that the plaintiffs satisfied the Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy of representation, and held that plaintiffs failed as to the Rule 23(b)(3) requirement that issues as to th...
The 9th Circuit today approved a sex discrimination class action against Wal-Mart, with a class estimated to have 1.5 million members.
Dukes v. Wal-Mart (9th Cir 04/26/2010)
Dukes and others sued claiming sex discrimination as to pay and managerial promotions in violation of Title VII. The trial court certified a class of all women employed at any Wal-Mart domestic retail store at any time since December 26, 1998 who have been or may be subjected to Wal-Mart's challenged pay and management track promotions policies and practices. The class concerns approximately 1.5 million women who worked at any of Wal-Mart's 3,400 stores, including part-time, full-time, entry...
Martino v. MCI Communications (7th Cir 07/28/2009)
Martino sued his former employer claiming he was selected for termination during a reduction in force because he was nearing his 56th birthday. The trial court granted summary judgment for the employer; the 7th Circuit affirmed.
Originally hired by MCI at age 54, Martino was discharged as part of a reduction in force that followed MCI's merger with Verizon. Martino did not argue that there was evidence of age discrimination as to the ultimate decisionmaker or as to the manager who submitted his name as a RIF candidate. His...
Warfield v. Beth Israel Deaconess Med Cntr (Massachusetts 07/27/2009)
Warfield sued her employers claiming gender-based discrimination and retaliation in violation of state statute. The trial court denied the employers' motion to compel arbitration; the Massachusetts Supreme Judicial Court affirmed.
Warfield had been employed as an anesthesiologist for 20 years before being appointed anesthesiologist-in-chief. At that time she signed an arbitration agreement which in part provided, "Any claim, controversy or dispute arising out of or in connection with this Agreement or its negotiat...
