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Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite to certification under Rule 23, deepening a split with the First, Third, and Fourth Circuits. In
Cherry v. Dometic Corporation, the court reversed the district court’s denial of class certification based on administrative feasibility. F.3d , 2021 WL 346121, at 3-5 (11th Cir. Feb. 2, 2021). The Eleventh Circuit also held that denial of class certification did not divest the district court of jurisdiction, ordering the case to proceed in the district court.
Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim
Christian v. Umpqua Bank, 2020 WL 7777882 (9
th Cir. 2020)
Jennifer Christian, a former employee of Umpqua Bank, alleged she was sexually harassed by one of the bank’s customers in violation of Title VII and Washington state law. Among other things, the customer dropped off “small notes” stating that Christian was the “most beautiful girl he’[d] seen” and that he “would like to go on a date” with her. After Christian informed the customer that she was not interested, the customer sent her a long letter stating that she was his “dream girl” and they were “meant to be together.” Flowers and references to their being “soulmates” soon followed. Christian notified the bank manager and others in the workplace about the customer’s repeated overtures toward her, but her colleagues just warned her “to be careful.” Eventually, in response to Christian’s repeated requests
Magnus-Stinson
CHICAGO (Legal Newsline) - Netflix, Hulu and other video streaming services have asked a federal appeals court to reverse a judge’s order sending a dispute over franchise fees back to state court in Indiana, saying the case belongs in federal court because it is a class action, not an attempt to collect state taxes.
The difference matters, the streaming services say, because the Class Action Fairness Act requires class actions seeking more than $5 million to be heard in federal court. Indianapolis and several other cities, represented by private lawyers working on contingency, sued to collect franchise fees from the video services and structured the case as a class action on behalf of every other Indiana municipality.
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Takeaway: As Judge Diane Wood of the Seventh Circuit recently observed in a putative class action alleging violations of Illinois’s Biometric Information Privacy Act (BIPA), “allegations matter” and “a plaintiff is the master of her own complaint.”
Thornley v. Clearview AI, Inc., - F.3d. -, No. 20-3249, 2021 WL 128170, at 4- 5 (7th Cir. Jan. 14, 2021). There is nothing wrong with putative class plaintiffs advancing allegations devoid of Article III injury “to steer clear of federal court.”
Id. at 6. As demonstrated by the Seventh Circuit cases discussed in
Thornley, BIPA creates an opportunity for such a strategic choice, given that it provides a right of action for certain violations that give rise to an Article III injury-in-fact, as well as certain violations that do not – namely, specific BIPA violations that are nothing more than “bare procedural violation[s], divorced from any co
January 2021 California Employment Law Notes Friday, January 29, 2021
Christian v. Umpqua Bank, 2020 WL 7777882 (9
th Cir. 2020)
Jennifer Christian, a former employee of Umpqua Bank, alleged she was sexually harassed by one of the bank’s customers in violation of Title VII and Washington state law. Among other things, the customer dropped off “small notes” stating that Christian was the “most beautiful girl he’[d] seen” and that he “would like to go on a date” with her. After Christian informed the customer that she was not interested, the customer sent her a long letter stating that she was his “dream girl” and they were “meant to be together.” Flowers and references to their being “soulmates” soon followed. Christian notified the bank manager and others in the workplace about the customer’s repeated overtures toward her, but her colleagues just warned her “to be careful.” Eventually, in response to Christian’s repeated requests,