GUTIERREZ v. JOHNSON & JOHNSON

No. 07-8025.

523 F.3d 187 (2008)

Nilda GUTIERREZ, et al., Petitioners v. JOHNSON & JOHNSON, Respondent.

United States Court of Appeals, Third Circuit.

Filed: April 22, 2008.


Attorney(s) appearing for the Case

Cyrus Mehri, Esq., Pamela Coukos, Esq. (Argued), Woodley Osborne, Esq., Nicole M. Austin-Hillery, Esq., Mehri & Skalet, PLLC, Washington, D.C., Scott Alan George, Esq., Seeger Weiss, LLP, Philadelphia, PA, Bennet D. Zurofsky, Esq., Reitman Parsonnet, PC, Newark, NJ, Barry Goldstein, Esq., Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA, Counsel for Petitioners.

Theodore V. Wells, Jr., Esq., Jeh Charles Johnson, Esq. (Argued), Maria Keane, Esq., Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York, NY, Donald R. Livingston, Esq., Akin Gump Strauss Hauer & Feld, LLP, Washington, D.C., Francis X. Dee, Esq., McElroy Deutsch Mulvaney & Carpenter, LLP, Newark, NJ, R. Lawrence Ashe, Esq., Nancy Rafuse, Esq., Ashe Rafuse & Hill, LLP, Atlanta, GA, Counsel for Respondent.

Kelly M. Dermody, Esq., Allison Elgart, Esq., Daniel M. Hutchinson, Esq., Jahan C. Sagafi, Esq., Lieff, Cabraser, Heimann & Bernstein, LLP, San Francisco, CA, Rachel J. Geman, Esq., Lieff, Cabraser, Heimann & Bernstein, LLP, New York, NY, Counsel for Amici Curiae.

Before: FUENTES, CHAGARES, and VAN ANTWERPEN, Circuit Judges.


OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Petitioners are former employees of Johnson & Johnson. They allege that Johnson & Johnson discriminated against them on the basis of their race. Petitioners attempted to certify a class of plaintiffs that encompassed any African-American or Hispanic employee of Johnson & Johnson or any of its United States subsidiaries who was employed at any time during an approximately ten-year period. The...

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