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U.S. Court of Appeals for the Ninth Circuit

Case Status

Resolved

Docket Number

07-15838

Oral Argument Date

April 14, 2008

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Case Updates

Outcome

April 16, 2008

The Ninth Circuit withdrew this case after NCLC filed its brief.

U.S. Chamber files amicus brief on improper class certification

September 17, 2007

NCLC urged the Ninth Circuit to vacate a district court’s order certifying a class of 700 women alleging gender discrimination in promotion and management practices by Costco. In its brief, NCLC argued that the lower court’s willingness to certify broad, unmanageable class actions under Rule 23(b)(2) with no regard for Costco’s right to present rebuttal testimony would force defendants to settle massive class actions regardless of their merit, and encourage the adoption of quotas that undermine the goals of Title VII.

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