MANDALA v. NTT DATA, INC.

19-2308-cv.

988 F.3d 664 (2021)

George MANDALA, Charles Barnett, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. NTT DATA, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

February 23, 2021.


Attorney(s) appearing for the Case

For Plaintiffs-Appellants: Ossai Miazad , Lewis M. Steel , Christopher M. McNerney , Outten & Golden LLP, New York, NY; Rachel Bien , Outten & Golden LLP, Los Angeles, CA; Sherrilyn A. Ifill , Janai S. Nelson , Samuel Spital , Rachel M. Kleinman , NAACP Legal Defense & Educational Fund, Inc., New York, NY; Catherine Meza , NAACP Legal Defense & Educational Fund, Inc., Washington, DC.

For Defendant-Appellee: Jacqueline Phipps Polito , Jessica F. Pizzutelli , Littler Mendelson P.C., New York, NY.

Raymond J. Lohier, Jr., Circuit Judge, joined by Rosemary S. Pooler, Robert A. Katzmann, Denny Chin, and Susan L. Carney, Circuit Judges, dissents by opinion from the denial of rehearing en banc.


Following disposition of this appeal on September 21, 2020, Plaintiffs-Appellants filed a petition for rehearing en banc and an active judge of the Court requested a poll on whether to rehear the case en banc. A poll having been conducted and...

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