PRACTITIONER BLOG

Read our analyses of developments in Impact Litigation and stay current on class action law

California Supreme Court Ponders Digital Discrimination Case, White v. Square
Digital Discrimination, Unruh Act Teddy Basham-Witherington Digital Discrimination, Unruh Act Teddy Basham-Witherington

California Supreme Court Ponders Digital Discrimination Case, White v. Square

Along with Disability Rights Advocates and the Disability Rights Education and Defense Fund, the Impact Fund has written an amicus brief urging the California Supreme Court to recognize that turning users away through discriminatory terms of service or other actions is illegal discrimination, and that users who are deterred by discriminatory terms should be able to bring legal claims in court. 

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Amendments to Class Action Rule 23 Now in Effect: Objectors Beware!
Class Actions, Rule 23 Teddy Basham-Witherington Class Actions, Rule 23 Teddy Basham-Witherington

Amendments to Class Action Rule 23 Now in Effect: Objectors Beware!

The amendments to the to the federal class action rule were set to take effect December 1, 2018 subject to Congressional action – rejection, modification, or deferment. That deadline passed without the legislature’s response. As a result, these proposed are now in effect, marking the first substantive update to Rule 23 in fifteen years.

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Why “Ascertainability” in Class Actions Matters: How a Kiddie Pool Could Threaten Workers’ Rights in California.
Class Ascertainability, Class Actions, Worker's Rights Teddy Basham-Witherington Class Ascertainability, Class Actions, Worker's Rights Teddy Basham-Witherington

Why “Ascertainability” in Class Actions Matters: How a Kiddie Pool Could Threaten Workers’ Rights in California.

The heightened and burdensome standard for ascertainability articulated by Sotelo and applied in Noel v. Thrifty Payless, Inc. will prevent meritorious employment class actions and undermine workers’ rights. This result is at odds with California’s strong public policies favoring the class mechanism and the robust enforcement of workers’ rights.

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Impact Fund and Allies File Amicus Brief Defending Courts’ Role Protecting Workers During Litigation
Workplace Litigation, Defense Tactics, Amicus Brief Teddy Basham-Witherington Workplace Litigation, Defense Tactics, Amicus Brief Teddy Basham-Witherington

Impact Fund and Allies File Amicus Brief Defending Courts’ Role Protecting Workers During Litigation

Our brief highlights the role afforded to courts to intervene and address the conduct of counsel and parties in litigation. This historical role is especially important in litigation connected to the workplace, where the power imbalance between employers and employees presents unique threats to the rights of employees in the form of coercion and retaliation.

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SCOTUS Amicus Brief: Class Actions Vital To Equal Opportunity In Employment
Class Actions, Civil Rights, Employment Discrimination Teddy Basham-Witherington Class Actions, Civil Rights, Employment Discrimination Teddy Basham-Witherington

SCOTUS Amicus Brief: Class Actions Vital To Equal Opportunity In Employment

A fair workplace, free from discrimination, is an American ideal. Many of our nations F500 companies reflect this value in their forward-facing materials and practices, but sadly, at the contractual level with workers, the promise of an even playing field gets tilted…

That’s why, on August 17, 2017, together with NAACP Legal Defense & Educational Fund and Cohen Milstein Sellers & Toll PLLC, we filed an amicus brief in the U.S. Supreme Court in National Labor Relations Board v. Murphy Oil USA.

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