Mark HOHIDER; Robert DiPaolo, On Behalf of Themselves and All Others Similarly Situated
v.
UNITED PARCEL SERVICE, INC.; Does 1-100
Preston Eugene Branum, On Behalf of Himself and All Others Similarly Situated
v.
United Parcel Service, Inc.; Does 1-100
United Parcel Service, Inc., Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 20, 2008.
Filed: July 23, 2009.
Attorney(s) appearing for the Case
Mark A. Perry, Esquire, (Argued), Eugene Scalia, Esquire, Gibson Dunn & Crutcher, Washington, D.C., Rachel S. Brass, Esquire, Gibson Dunn & Crutcher, San Francisco, CA, Perry A. Napolitano, Esquire, Reed Smith, Pittsburgh, PA, for Appellant.
Judith S. Scolnick, Esquire, (Argued), Scott & Scott, New York, NY, David R. Scott, Esquire, Scott & Scott, Colchester, CT, Geoffrey M. Johnson, Esquire, Scott & Scott, Cleveland Heights, OH, Christian C. Bagin, Esquire, Wienand & Bagin, Pittsburgh, PA, for Appellees, Mark Hohider, Robert DiPaolo and Preston Eugene Branum.
Rae T. Vann, Esquire, Norris Tysse Lampley & Lakis, Washington, D.C., for Amicus Curiae-Appellant, The Equal Employment Advisory Council.
Robin E. Shea, Esquire, Constangy Brooks & Smith, Winston-Salem, NC, for Amicus Curiae-Appellant, The Society for Human Resource Management.
John H. Beisner, Esquire, O'Melveny & Myers, Washington, D.C., for Amicus Curiae-Appellant, Chamber of Commerce of the United States of America.
Michael D. Lieder, Esquire, Sprenger & Lang, Washington, D.C., for Amici Curiae-Appellees, The National Employment Lawyers Association and AARP.
Brad Seligman, Esquire, Impact Fund, Berkeley, CA, for Amici Curiae-Appellees, The Public Interest Law Center of Philadelphia, Disability Rights Network of Pennsylvania, Disability Rights Education and Defense Fund, Inc., Disability Rights Legal Center, The Impact Fund, The Legal Aid Society — Employment Law Center, The National Disability Rights Network, New Jersey Protection and Advocacy, Inc.
Before: SCIRICA, Chief Judge, and RENDELL, Circuit Judges, and O'CONNOR, Associate Justice (Ret.).
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SCIRICA, Chief Judge.
At issue in this interlocutory appeal under Fed.R.Civ.P. 23(f) is whether the District Court properly certified a nationwide class of employees alleging a pattern or practice of unlawful discrimination under Title I of the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. §§ 12101-12117. Analogizing to pattern-or-practice discrimination suits brought under Title VII of the Civil Rights Act of 1964...
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