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Wednesday, March 30, 2011

Ind. Decisions - One Indiana opinion late today from 7th Circuit

In Randall and Pepmeier, et al v. Rolls-Royce Corp. (SD Ind., Barker), an 18-page opinion, Judge Posner affirms District Judge Barker's decision denying a motion to intervene. A quote from the beginning of the opinion:

The plaintiffs in this class action suit on behalf of more than 500 female employees of a Rolls-Royce plant in Indiana that manufactures aircraft, industrial, and marine engines appeal from the denial of class certification and the subsequent grant of Rolls- Royce’s motion for summary judgment. (We refer to the defendants, all of which are affiliated corporations, collectively as “Rolls-Royce.”) The plaintiffs charge Rolls-Royce with sex discrimination, in violation of Title VII and the Equal Pay Act, in paying the members of the class less than comparable male employees by setting the base pay of women employees in the class members’ compensation categories below that of male employees in the same categories, and in denying them promotions they would have received had they been men.
From p. 13 of the opinion:
How far Rule 23(b)(2) can be stretched is the issue in the gigantic class action against Wal-Mart, Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571, 619 (9th Cir.) (en banc), cert. granted, 131 S. Ct. 795 (2010), now before the Supreme Court. The present case is not as big a stretch, but it is big enough.

Posted by Marcia Oddi on March 30, 2011 05:45 PM
Posted to Ind. (7th Cir.) Decisions