HARRIS v. UNION PACIFIC R. CO.

No. 19-1514.

953 F.3d 1030 (2020)

Quinton HARRIS; Geoffrey Miller; Norman Mount; Thomas Taylor; John Baker; Scott Zinn Plaintiffs-Appellees v. UNION PACIFIC RAILROAD COMPANY Defendant-Appellant. AARP; American Diabetes Association; Disability Rights Advocates; Disability Rights Arkansas, Inc.; Disability Rights Education & Defense Fund; Disability Rights Iowa; Disability Rights Legal Center; Disability Rights Nebraska; Disability Rights Texas; Impact Fund; Legal Aid at Work; Mid-Minnesota Legal Aid; Missouri Protection & Advocacy Services; Public Justice; The Protection & Advocacy Project Amici on Behalf of Appellee(s). Chamber of Commerce of the United States of America; The National Association of Manufacturers; National Retail Federation; Association of American Railroads; Center for Workplace Compliance Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: March 24, 2020.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Thomas Henderson Dupree, Jr. , of Washington, DC. The following attorneys also appeared on the appellant brief; Christopher R. Hedican , of Omaha, NE., Eugene Scalia , of Washington, DC., Scott P. Moore , of Omaha, NE., Allison Balus , of Omaha, NE., Leigh Campbell Joyce , of Omaha, NE., Naima Lillian Farrell , of Washington, DC., Aaron Matthew Smith , of Washington, DC.

Counsel who presented argument on behalf of the appellee was James H. Kaster , of Minneapolis, MN. The following attorneys also appeared on the appellee brief; Robert Schug , of Minneapolis, MN., David E. Schlesinger , of Minneapolis, MN., Charles Austin Delbridge , of Minneapolis, MN., Matthew W.H. Wessler , of Washington, DC., Jonathan E. Taylor , of Washington, DC.

The following attorneys appeared on the amicus brief of Chamber of Commerce of the United States of America, National Retail Federation and The National Association of Manufacturers; Steven P. Lehotsky , of Washington, DC., Jonathan D. Urick , of Washington, DC., Adam G. Unikowsky , of Washington, DC., Peter C. Tolsdorf , of Washington, DC., Stephanie Martz , of Washington, DC., Leland P. Frost , of Washington, DC.

The following attorneys appeared on the amicus brief of Association of American Railroads; Kathryn D. Kirmayer , of Washington, DC., Daniel Saphire , of Washington, DC., Edward A. Kendall, Jr. , of Washington, DC., William A. Brasher , of Saint Louis, MO.

The following attorneys appeared on the amicus brief of Center for Workplace Compliance; Rae T. Vann , of Washington, DC., D'Ontae D. Sylvertooth , of Washington, DC.

The following attorneys appeared on the amicus brief of AARP, American Diabetes Association, Disability Rights Advocates, Disability Rights Arkansas, Inc., Disability Rights Education & Defense Fund, Disability Rights Iowa, Disability Rights Legal Center, Disability Rights Nebraska, Disability Rights Texas, Impact Fund, Legal Aid at Work, Mid-Minnesota Legal Aid, Missouri Protection & Advocacy Services, Public Justice and The Protection & Advocacy Project; Karla Gilbride , of Washington, DC., Lindsay Nako , of Berkeley, CA., Daniel Nesibt , of Berkeley, CA.

Before GRUENDER, KELLY, and ERICKSON, Circuit Judges.


Union Pacific Railroad Company appeals the district court's order certifying a class under Rule 23(b)(2) and (b)(3) of the Federal Rules of Civil Procedure. Because we conclude that the district court abused its discretion in finding that the plaintiffs met the Rule 23(b)(2) and (b)(3) requirements, we reverse the class...

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