PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
The Seventh Circuit Breaks with Eleventh, Allows Service Awards for Named Plaintiffs
In 2020, a panel of the Eleventh Circuit Court of Appeals stunned the class action bar when it ruled in Johnson v. NPAS Solutions., LLC, 975 F.3d 1244 (11th Cir. 2020), that service awards for class representatives are categorically unlawful. Service awards are financial payments to class representatives that have long been used to acknowledge their service to the class. In April of 2024, the Seventh Circuit split with the Eleventh Circuit when it allowed service awards.
How One Clause in Uber’s Terms of Use Could Overload U.S. Courts
If you’ve ever ridden in an Uber, you’ve ‘agreed’ to their non-negotiable terms of use. One of those terms, called the Non-Consolidation Clause, waives your right to participate in “consolidated proceedings,” group proceedings like class action lawsuits and multi-district litigation. Basically, Uber is requiring all customers to bring cases individually, regardless of what the case is about or what kind of proceeding it is. If successful, this new corporate mechanism has the potential to overload our already taxed courts.
Impact Fund and Western Center on Law and Poverty Reach Settlement with USDA to Provide Emergency Food (SNAP) Assistance to Californians with Greatest Need
Over one million California households will soon be eligible to receive emergency COVID-19 related nutrition assistance, thanks in part to a settlement agreement reached yesterday by the Impact Fund, Western Center on Law and Poverty, and the U.S. Department of Agriculture. This important victory comes after ten months of litigation in Hall v. USDA, which challenged the Department’s interpretation of the March 2020 law authorizing emergency Supplemental Nutrition Assistance Program (SNAP) payments—otherwise known as food stamps—to current SNAP recipients. Within hours of the settlement, USDA issued new guidance announcing a policy change that will provide at minimum $95 a month in emergency assistance to all households participating in SNAP on top of their regular monthly benefits. This updated policy will ensure the lowest-income Californians will have access to vital nutrition assistance while continuing to deal with the severe economic and public health consequences of the COVID-19 pandemic.
Impact Fund and Legal Aid at Work Settle Workplace Harassment Claims of Transgender San Francisco Police Sergeant
Refusing to use a transgender worker’s chosen name and appropriate pronouns violates California law, which forbids harassment or discrimination against a transgender employee because of their gender identity. “The harmful misgendering that Sergeant Paul experienced created a hostile work environment and interfered with his ability to perform his job. That’s harassment, and it is illegal,” said Lindsay Nako, the Impact Fund’s Director of Litigation and Training.
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.
SNAP! Impact Fund and Western Center on Law and Poverty File Class Action Lawsuit Against USDA For Denying Emergency Food Assistance To Californians With Greatest Need
On May 21, 2020, the Impact Fund and the Western Center on Law and Poverty filed a class action lawsuit in federal court in San Francisco against USDA and Secretary of Agriculture Sonny Perdue, alleging that USDA is illegally denying emergency food aid to the poorest households in California. We argue that USDA is misinterpreting the Families First Act in violation of the Administrative Procedure Act. “The idea that people who were already struggling to get by before the crisis should not receive the additional help being granted to other SNAP recipients is cruel and absurd,” said Alexander Prieto, a senior litigator for Western Center on Law & Poverty. “It goes against the intent of the Families First Act, which is why we are seeking relief for our clients.”
Artificial Intelligence: How the Internet’s Gatekeeper Could Affect Your Civil Rights
Artificial intelligence prevents us from being inundated with irrelevant information – and that raises an important question. Who determines what is relevant or irrelevant? And how do they decide? If an artificial intelligence program delivers me Chopin instead of Lizzo, it would be surprising. But if an artificial intelligence program delivers me a job ad for administrative assistant and prevents me from seeing one for car mechanic, that could be illegal.
Impact Fund and Allies File Amicus Brief to Preserve Workers’ Right to Bring Class Actions Under the ADA
Workers discriminated against on the basis of disability must be allowed to join together and use class actions to pursue workplaces free of discrimination, just as Congress intended when it passed the ADA.
LAWSUIT RESULTS IN A FAIR CHANCE FOR JOB SEEKERS WITH PRIOR CONVICTIONS
Walter went to a “clean slate” organization, where they helped him reduce the conviction to a misdemeanor. He believed that it had been “expunged” and removed from his conviction record entirely. So when the school district’s job application asked about prior convictions, Walter answered, “No.” When a background check surfaced his old conviction, that mistake cost Walter the job.
REFUSING TRANS PEOPLE HEALTHCARE SERVICES IS SEX DISCRIMINATION, SAY IMPACT FUND AND ALLES IN AMICUS BRIEF TO IOWA SUPREME COURT
EerieAnna (27) and Carol (42) have identified as female since they were young children, and they have both undergone hormone therapy, psychological care, and the legal processes to change their names and genders. When they tried to undertake sex reassignment surgery, however, their health insurance carriers, managed by Iowa’s state Medicaid program, denied them coverage
SCOTUS Rules on Class Action Tolling in China Agritech, Inc. v. Resh
The Court’s decision, in our opinion, is a grave departure from the goals of efficiency and economy inherent to class actions. Requiring plaintiffs to preemptively file multiple actions unnecessarily burdens the judiciary and clogs the system with duplicative cases. The Court’s decision also is at odds with what we regard as the reality of modern class actions in that many do not have a final decision on class certification within two or four years, for reasons outside the named plaintiff’s control. Necessary discovery, taxed courts, appeals, and recalcitrant defendants all slow the process and often prevent the parties from obtaining a final ruling on class certification within the first few years. In addition, orders denying class certification may identify remediable issues that can be addressed only by filing a new action. This week’s ruling prohibits plaintiffs who initially timely filed their case from filing those new actions if the court’s class certification order arrives outside the original statute of limitations.
Transgender Vets Left Out In The Cold - Impact Fund & Allies File Amicus Brief
Last month, Lambda Legal and Transgender Law Center appealed the Secretary’s denial of the petition to the Federal Circuit, arguing in part that the denial of coverage for sex reassignment surgeries is sex discrimination that violates the Equal Protection Clause of the Fifth Amendment. We agree. Standing in solidarity, we have authored an amicus brief.
Impact Fund Files Amicus Brief In U.S. Supreme Court Transgender Case
On March 2, 2017, Impact Fund filed an amicus brief in the U.S. Supreme Court in Gloucester County School Board v. G.G., which at the time was poised to be the first of the transgender access cases to be heard in the Supreme Court. Our brief supports Gavin Grimm, a 17-year old high school student in Gloucester County, Virginia. Gavin is challenging a local school board policy that prohibits transgender students from using the sex-segregated facilities (such as restrooms) that are consistent with their gender identity. The policy is similar to North Carolina’s notorious H.B. 2 legislation and equally discriminatory.
An Insider's Guide To The Impact Fund Class Action Training Institute
Last October, shortly after I joined the Impact Fund as its Litigation Fellow, I had the opportunity to attend the Impact Fund’s Training Institute in Chicago. Having had some exposure to class action litigation during my clerkship, but no experience actually litigating a class action, I had a lot to learn and was excited to dive in and learn as much as I could over the course of the training.
Standing Up for the Full Promise of Equal Employment Opportunity
Victor Guerrero applied twice for employment as a Corrections Officer with the California Department of Corrections and Rehabilitation (“CDCR”). Both of his applications were subject to a multi-step review process, one step of which was a background investigation questionnaire. Since 2009, the background investigation questionnaire has included the following question: “Have you ever had or used a social security number other than the one you used on this questionnaire?” This question, known as Question 75, exclusively eliminated Latino applicants—including Mr. Guerrero—from the review process. Mr. Guerrero filed suit, alleging Question 75 has a disparate impact on Latino applicants.
THE Underground Guide To Class Action Slang (PART TWO)
The 2016 Impact Fund Class Action Conference held on February 18/19, gathered class action practitioners and impact litigators from across the country for two days of brainstorming, war stories, and colorful lemon-based metaphors. It also reminded me of a few more terms to add to our growing Impact Fund Class Action Dictionary...