PRACTITIONER BLOG

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

Impact Fund and Allies File Class Action Amicus Brief in Ninth Circuit On Behalf of Seniors and People With Disabilities
Class Action Commonality, Disability Rights, Amicus Brief Teddy Basham-Witherington Class Action Commonality, Disability Rights, Amicus Brief Teddy Basham-Witherington

Impact Fund and Allies File Class Action Amicus Brief in Ninth Circuit On Behalf of Seniors and People With Disabilities

The amicus brief authored by the Impact Fund, Disability Rights Advocates, and the Disability Rights Education and Defense Fund argues that the district court’s decision ran afoul of existing case law and will undermine enforcement of ADA access laws in the precise cases where systemwide enforcement is most needed.

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Ninth Circuit Panel Decertifies Class of Janitorial & Maintenance Workers:  Impact Fund & Amici Urge Rehearing
Class Actions, Amicus Brief, Class Action Cert Ashley LaFranchi Class Actions, Amicus Brief, Class Action Cert Ashley LaFranchi

Ninth Circuit Panel Decertifies Class of Janitorial & Maintenance Workers: Impact Fund & Amici Urge Rehearing

A certified class of janitorial and maintenance workers survived two motions for decertification, successfully proved employer wrongdoing at summary judgment, and received significant damages in a jury bellwether trial before seeing their efforts undone by the Ninth Circuit. The recent panel opinion in Bowerman v. Field Asset Services, Inc., 39 F.4th 652, 661-63 (9th Cir. 2022), reversed certification after over seven years of litigation as a certified class. In doing so, the panel blatantly ignored the district judge’s repeated conclusion that the case was best managed as a class action.

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Impact Fund & Amici Support State Efforts to Protect Vulnerable Workers During Deadly Pandemic
Worker Protection, COVID-19 Teddy Basham-Witherington Worker Protection, COVID-19 Teddy Basham-Witherington

Impact Fund & Amici Support State Efforts to Protect Vulnerable Workers During Deadly Pandemic

The California Department of Industrial Relations, Division of Occupational Safety and Health has a duty to keep California workers safe. Our amicus briefs make clear that the state fulfilled its duty in this instance. The Emergency Temporary Standards provide basic, necessary workplace protections for all workers and serve as an important step toward mitigating the health, income, and racial inequities caused by the COVID-19 pandemic.

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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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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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