18th Annual Workplace Class Action Report - 2022 Edition

IX. Other Federal Rulings Affecting The Defense Of Workplace Class Action Litigation Annual Workplace Class Action Litigation Report: 2022 Edition 451 Throughout 2021, federal courts issued key rulings in class action lawsuits and on Rule 23 issues that significantly impact the defense of workplace class actions. Those rulings included ADA class actions; alien tort litigation in class actions; amendments in class actions; American Pipe tolling in class actions; appeals in class action litigation; appointment, selection, and removal of lead counsel in class actions; ascertainability issues under Rule 23; attorneys’ fee awards in class actions; bifurcation issues in class actions; breach of contract class actions; choice-of-law issues in class actions; civil rights class actions; class action litigation involving universities; class actions involving claims of negligence; class actions involving dress codes; class actions involving unions; class actions over workplace health & safety issues; class actions relative to sexual harassment issues; class actions under 42 U.S.C. Section 1981; class communications issues in class actions; class definition issues in class actions; class-wide proof and class-wide damages in class actions; COBRA class actions; collateral estoppel, res judicata , and settlement bar concepts under Rule 23; The Colorado River Doctrine in class actions; commonality issues in class actions; consolidation and joinder issues in class actions; consumer fraud class actions; COVID-19 class actions; cy pres issues in class actions; data breach class actions; decertification issues under Rule 23; default judgments in class actions; discovery issues in class actions; disparate treatment issues in class actions; disqualification of counsel in class actions; experts in class actions; FACTA and FDCPA class actions; first amendment class actions; FCRA class actions; forum non- conveniens in class action litigation; government enforcement litigation; immigration class actions; immunity issues in class actions; indemnification issues in class actions; injunctions in class actions; insurance issues in class actions; intervention issues in class actions; issues with the judicial panel on multi-district litigation in class actions; jurisdiction issues in class action litigation; labor abuse issues in class action litigation; litigation over class action settlement agreements and consent decrees; media issues in class action litigation; multi-party litigation over modification of employee/retirement benefits; non-workplace class action arbitration issues; objectors and opt-out issues in class actions; predominance issues in class actions; preemption issues in class actions; preemptive motions to strike or dismiss class allegations; privacy class actions; procedural issues and proof requirements in Rule 23 class actions; recusals in class action litigation; removal and remand issues in class actions; retaliation issues in class action litigation; RICO class actions; sanctions, contempt, and unethical misconduct issues in class action litigation; sealing issues in class actions; service awards and costs in class actions; settlement administration issues in class actions; settlement approval issues in class actions; standing issues in class action; statute of limitations issues in class actions; stays in class action litigation; TCPA class actions; the adequacy of representation requirement for class certification; the forum non-conveniens doctrine in class actions; the mootness doctrine in class action litigation; the numerosity requirement for class certification; the Rooker-Feldman doctrine in class actions; Trafficking Victims Protection Act in class action litigation; typicality issues in class action litigation; venue issues in class actions; veterans’ class actions; WARN class actions; workplace antitrust class actions; workplace class action arbitration issues; and writs of mandamus in class actions. These rulings of 2021 added to the evolving case law interpreting Rule 23, and significantly impact the defense of workplace class actions. (i) ADA Class Actions Allen, et al. v. Ollie ’ s Bargain Outlet, Inc., 2021 U.S. Dist. LEXIS 58420 (W.D. Penn. March 26, 2021). Plaintiffs, a group of individuals using wheelchairs, filed a class action alleging that Defendant failed to provide people utilizing wheelchairs or scooters with full and equal enjoyment of its facilities in violation of the Americans With Disabilities Act ("ADA"). Plaintiffs filed a motion for class certification pursuant to Rule 23, which the Court granted. Plaintiffs sought certification of a class consisting of all persons with qualified mobility disabilities who had attempted, or would attempt, to access the interior of any store owned or operated by Defendant within the United States and had, or would have, experienced access barriers in interior paths of travel. Id . at *12. As to numerosity, Plaintiffs offered statistical analysis to show that over 30 of Defendant’s customers were members of the proposed class. Plaintiffs also provided the Court with written complaints and video footage supporting this assertion. The Court found that Plaintiff met the burden to show numerosity by a preponderance of the evidence. The Court also held that Plaintiff met the commonality requirement because the question of whether Defendant’s policies and procedures cause access barriers to unlawfully restrict individuals with disabilities from