United States Tenth Circuit

In an action brought by plaintiffs seeking to bring class-action claims against Boeing alleging several unlawful employment practices under both disparate-impact and disparate treatment theories of discrimination: 1) summary judgment on one subclass's disparate-impact claim relating to overtime assignments is affirmed where plaintiff's statistical evidence was not adequately based on data restricted to persons eligible for overtime assignments; 2) plaintiffs' appeal of class-certification decisions is dismissed as untimely; and 3) claims of former class representatives stripped of that designation are rejected.

Appellate Information

• Decided 08/08/2006
• Published 08/08/2006

Judges

• HARTZ, Circuit Judge., Before HARTZ, ANDERSON, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jeffrey T. Sprung, Hagens Berman Sobol Shapiro LLP, argued for Plaintiffs-Appellants/Cross-Appellees, (Steve W. Berman, Andrew M. Volk, Ivy D. Arai, Hagens Berman Sobol Shapiro LLP, Seattle, WA, and Mark B. Hutton and Derek S. Casey, Hutton & Hutton, Wichita, KS, with him on the brief)., James M. Armstrong, Foulston Siefkin LLP, argued for Defendant-Appellee/Cross-Appellant, (Mary Kathleen Babcock, Trisha A. Thelen, Carolyn L. Matthews, Foulston Siefkin LLP, Wichita, KS, and C. Geoffrey Weirich, Paul, Hastings, Janofsky & Walker LLP, Atlanta, GA, with him on the brief)., Mary Dean, Faith Bridgewater and Verlene Maholmes, pro se Plaintiffs-Appellants/Cross-Appellees, submitted a brief.