United States Ninth Circuit

In a class action brought by current and former employees of defendant alleging that they had been discriminated against based upon their national origin in violation of Title VII and 42 U.S.C. section 1981, a decision denying certification of the class alleging pay discrimination is reversed where the district court abused its discretion in failing to find commonality in plaintiffs' original class definition for the discriminatory pay claim.

Appellate Information

• Argued 04/17/2008
• Decided 07/29/2008
• Published 07/29/2008

Judges

• HUG, Circuit Judge:, Before:  PROCTER HUG, JR., MARY M. SCHROEDER, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jocelyn D. Larkin, The Impact Fund, Berkeley, CA, and Elizabeth A. Lawrence, Davis, Cowell & Bowe, LLP, San Francisco, CA, for the appellants.


• For Appellees:
  
• Stephanie J. Quincy, Sherman & Howard L.L.C., Phoenix, AZ, for the appellee.