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McREYNOLDS v. MERRILL LYNCH, PIERCE, FENNER

No. 11-3639.

672 F.3d 482 (2012)

George McREYNOLDS, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 2012.

Attorney(s) appearing for the Case

Linda Debra Friedman (argued), Senior Attorney, Stowell & Friedman, Chicago, IL, for Plaintiffs-Appellants.

Timothy S. Bishop (argued), Stephen M. Shapiro , Attorneys, Mayer Brown LLP, Chicago, IL, Jared R. Friedmann , Attorney, Weil, Gotshal & Manages LLP, New York, NY, for Defendant-Appellee.

Before POSNER, WOOD, and HAMILTON, Circuit Judges.

POSNER, Circuit Judge.

The plaintiffs have filed a class action suit that charges Merrill Lynch with racial discrimination in employment in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The plaintiffs ask that a class be certified for two purposes: deciding a common issue, Fed.R.Civ.P. 23(c)(4)—whether the defendant has engaged and is engaging in practices that have a disparate impact (that is, a discriminatory effect, though...

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