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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Impact Fund & Amici to Eleventh Circuit: Eliminating Service Awards Endangers Class Actions
Class Actions, Service Awards Teddy Basham-Witherington Class Actions, Service Awards Teddy Basham-Witherington

Impact Fund & Amici to Eleventh Circuit: Eliminating Service Awards Endangers Class Actions

A recent decision by the Eleventh Circuit Court of Appeals stunned the class action and civil rights community. In Johnson v. NPAS Solutions., LLC, 975 F.3d 1244, a 2-1 majority ruled that service awards for class representatives in class actions are categorically unlawful.On October 29, the Impact Fund filed an amicus brief calling on the full Eleventh Circuit to review the decision en banc. Our amicus brief on behalf of civil rights groups argues that service payments and incentive awards appropriately compensate plaintiffs for the considerable responsibility they undertake in class action cases and on behalf of fellow class members.

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Impact Fund and Allies File Amicus Brief Urging SCOTUS to Protect LGBTQ Workers
LGBTQ Workers, Workplace Discrimination Teddy Basham-Witherington LGBTQ Workers, Workplace Discrimination Teddy Basham-Witherington

Impact Fund and Allies File Amicus Brief Urging SCOTUS to Protect LGBTQ Workers

LGBTQ workers are entitled to the full protections of our nation’s laws.  If the Supreme Court rules that Title VII does not prohibit discrimination based on sexual orientation and gender identity, it will create an arbitrary and painful carve-out to the landmark civil rights law, leaving LGBTQ workers vulnerable to discrimination and harassment on the job.  The Impact Fund and our allies urge the Court to adopt a uniform, protective standard that will fulfill Title VII’s promise of equal employment opportunity for all.  

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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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Impact Fund Files Amicus On Behalf Of Military's Diabetic Kids
Article III Standing, Disability Rights Teddy Basham-Witherington Article III Standing, Disability Rights Teddy Basham-Witherington

Impact Fund Files Amicus On Behalf Of Military's Diabetic Kids

Standing is like a light switch; a plaintiff has either alleged an identifiable injury or not. The concept of Article III standing is used by the courts to distinguish between a dispute that is properly before the court, rather than an abstract interest intended to be addressed by the legislature. Given this, the Supreme Court and the Ninth Circuit have consistently held that a minimal injury is sufficient to confer standing and have never weighed one’s injury relative to their resources.

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H.R. 985: Holding Down Civil Rights Class Actions
Class Actions, Civil Rights, HR 985 Teddy Basham-Witherington Class Actions, Civil Rights, HR 985 Teddy Basham-Witherington

H.R. 985: Holding Down Civil Rights Class Actions

121 Civil Rights Non-Profits and 87 Ally Firms Oppose H.R. 985. On February 14, the Impact Fund submitted a letter on behalf of 121 civil rights non-profit organizations and advocates, joined by 87 ally law firms, to oppose H.R. 985 (“Fairness in Class Action Litigation Act of 2017”). H.R. 985, currently pending in the U.S. House of Representatives, would upend decades of settled class action law and undermine the enforcement of U.S. civil rights law.

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Amicus Brief, Bathroom Bills, Transgender Justice Teddy Basham-Witherington Amicus Brief, Bathroom Bills, Transgender Justice Teddy Basham-Witherington

Speaking Out Against Unlawful Sex Stereotyping of Transgender People in North Carolina’s H.B. 2

Earlier this year, the North Carolina legislature passed a sweeping anti-LGBT bill, H.B. 2, which requires public schools and agencies to discriminate against transgender people by prohibiting them from using sex-segregated restrooms according to their gender identity. Plaintiffs Joaquín Carcaño, the ACLU of North Carolina, and others filed a lawsuitchallenging H.B. 2 as unlawful discrimination against transgender individuals under the Equal Protection and Due Process Clauses and Title IX of the Education Amendments of 1972.

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Class Actions, Economic Justice Teddy Basham-Witherington Class Actions, Economic Justice Teddy Basham-Witherington

Economic Justice: Resisting Zombie Claims by SSA

Imagine receiving a notice from the IRS that your long-awaited tax refund has been withheld by the Social Security Administration (“SSA”) because you were once paid Social Security benefits and SSA has identified a benefit overpayment that occurred over a decade ago — or one of your parents was once paid Social Security benefits on your behalf over a decade ago and SSA identified an overpayment. If the withheld amount was $2,100, would you go out and find an attorney to represent you in an individual case against the SSA?

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Class Actions, Disability Rights Teddy Basham-Witherington Class Actions, Disability Rights Teddy Basham-Witherington

Defending the use of Class Actions for Enforcement of Civil Rights Laws

It's a fact of life that long-awaited vacations can sometimes be spoiled by an ill-timed rain storm, lost luggage, or a bad reaction to that local street food.  But discrimination?

Plaintiffs Ann Cupolo-Freeman, Ruthee Goldkorn, and Julie Reiskin use wheelchairs for mobility and were denied equal access to hotel transportation services at hotels owned by Defendant Hospitality Properties Trust (“HPT”). 

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