PRACTITIONER BLOG

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

Impact Fund and NAACP Legal Defense Fund to SCOTUS: Don’t Rewrite Typicality
Class Action Typicality Teddy Basham-Witherington Class Action Typicality Teddy Basham-Witherington

Impact Fund and NAACP Legal Defense Fund to SCOTUS: Don’t Rewrite Typicality

The Impact Fund and NAACP Legal Defense and Educational Fund, Inc. filed an amicus brief in the U.S. Supreme Court on behalf of ourselves and twenty-four civil rights organizations. We argue that Ramirez indisputably satisfied typicality, as every class member in the case presented the same claims, were subject to the same conduct, and sought the same relief as Ramirez did. “TransUnion seeks to turn Rule 23 typicality on its head, asking the high court to rewrite the rule to protect defendants rather than absent class members,” declared Impact Fund’s Executive Director Jocelyn Larkin. “Nothing in the language or purpose of the rule supports TransUnion’s approach.”

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Rural Pride Summit To Strengthen Advocacy Network for Underserved LGBTQ Californians
LGBTQ Discrimination, Access to Justice Teddy Basham-Witherington LGBTQ Discrimination, Access to Justice Teddy Basham-Witherington

Rural Pride Summit To Strengthen Advocacy Network for Underserved LGBTQ Californians

National estimates suggest that between 2.9 million and 3.8 million LGBTQ people, about 15-20% of the total U.S. LGBTQ population, live in rural areas. Rural LGBTQ people are often experience unique challenges that their counterparts in urban and suburban areas do not. For example, because jobs, healthcare providers, and adequate housing are already limited, LGBTQ people have fewer alternatives should they face discrimination. And with limited access to legal representation, discriminatory conduct can go unchallenged.

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Fifth Circuit Reinforces Intolerance of LGBTQ Workers With Title VII Outlier
Title VII, LGBTQ Discrimination Teddy Basham-Witherington Title VII, LGBTQ Discrimination Teddy Basham-Witherington

Fifth Circuit Reinforces Intolerance of LGBTQ Workers With Title VII Outlier

While Wittmer does not change the federal law protecting LGBTQ people, it stands as an outlier among many recent decisions that have found that discriminating against them in the workplace is “because of sex.” The Fifth Circuit covers Louisiana, Mississippi, and Texas, all states that lack statewide protections for LGBTQ workers, and LGBTQ people in the South face higher rates of prejudice and intolerance than other parts of the country. Wittmer makes the conflict among the states and federal circuits even stronger, where LGBTQ workers can be protected in one part of our country but not in another.  

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REFUSING TRANS PEOPLE HEALTHCARE SERVICES IS SEX DISCRIMINATION, SAY IMPACT FUND AND ALLES IN AMICUS BRIEF TO IOWA SUPREME COURT
Sex Discrimination, Transgender Justice Teddy Basham-Witherington Sex Discrimination, Transgender Justice Teddy Basham-Witherington

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

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