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Class Action Lawsuits and Rule 23(b)(2)

In a class action lawsuit, representatives of the class of plaintiffs are required to have similar or equal interests and no conflicting interests within the class. In other words, the class representative must actually represent the class in his or her interests against defendants.

In a recent decision, in Randall v. Rolls-Royce Corp., the appellate court determined that the named plaintiffs were not adequate class representatives because they had weaker promotion claims than others in the class and there was a conflict of interest arising out of some workers’ supervisory roles. In its decision, the court noted that under rule 23(b)2, plaintiffs are prohibited from asserting claims in a class action lawsuit that would make necessary individual calculations and hearings.

Do you feel you are involved in an employment situation that is discriminatory and doesn’t just affect you but also your coworkers? Call and speak with an attorney today.

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