PRACTITIONER BLOG

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

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.

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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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Why “Ascertainability” in Class Actions Matters: How a Kiddie Pool Could Threaten Workers’ Rights in California.
Class Ascertainability, Class Actions, Worker's Rights Teddy Basham-Witherington Class Ascertainability, Class Actions, Worker's Rights Teddy Basham-Witherington

Why “Ascertainability” in Class Actions Matters: How a Kiddie Pool Could Threaten Workers’ Rights in California.

The heightened and burdensome standard for ascertainability articulated by Sotelo and applied in Noel v. Thrifty Payless, Inc. will prevent meritorious employment class actions and undermine workers’ rights. This result is at odds with California’s strong public policies favoring the class mechanism and the robust enforcement of workers’ rights.

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