PRACTITIONER BLOG

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

RESPONDING TO THE RESTRICTION OF EMPLOYMENT DISCRIMINATION CLASS ACTIONS
Class Actions, Employment Discrimination Teddy Basham-Witherington Class Actions, Employment Discrimination Teddy Basham-Witherington

RESPONDING TO THE RESTRICTION OF EMPLOYMENT DISCRIMINATION CLASS ACTIONS

The arc of employment discrimination class action law is bending away from justice. As a result, plaintiffs’ lawyers frequently have to self-censor, generally in the opening complaint or the class certification motion, or as we did in Simpson at the 23(f) stage. Maximizing the chances for certification may require defining the class or multiple small classes so as to eliminate potential class members, claims, or forms of relief. Unfortunately, this type of self-censorship deprives employees of the possibility of obtaining the types of broad reforms that we were once able to achieve and hopefully can again pursue in the future as the law evolves.

Read More
Impact Fund Applauds California Supreme Court Decision to Adjust the Bar Exam Passing Score
California Bar Exam, Attorney Diversity Teddy Basham-Witherington California Bar Exam, Attorney Diversity Teddy Basham-Witherington

Impact Fund Applauds California Supreme Court Decision to Adjust the Bar Exam Passing Score

By adjusting the cut score, California is making a bold step toward ensuring that its community of lawyers reflects the diversity of the state. By the State Bar’s own estimates, setting the cut score at 1390 would allow 20% more test-takers overall to pass—including approximately 40% more Black, 26% Latino, 26% Asian and 27% other minority attorneys joining the bar’s ranks each testing session.

Read More