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MANDALA v. NTT DATA, INC.

No. 22-4 August Term, 2022.

88 F.4th 353 (2023)

George MANDALA and 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.

Decided: December 8, 2023.

Attorney(s) appearing for the Case

Christopher McNerney ( Ossai Miazad , on the brief), Outten & Golden LLP, New York, NY, and Tiffani Burgess ( Samuel Spital and Rachel M. Kleinman , on the brief), NAACP Legal Defense & Educational Fund, Inc., New York, NY, for Plaintiffs-Appellants.

Jacqueline P. Polito ( Abigail L. Giarrusso , on the brief), Littler Mendelson, P.C., Fairport, NY, for Defendant-Appellee.

Judge Sullivan dissents in a separate opinion.

The appeal in this Title VII suit challenges the denial of a motion to vacate the judgment of dismissal and to file a first amended complaint. After the complaint was dismissed for failure to state a claim, plaintiffs pursued a hotly contested appeal, which resulted in a split panel decision in this Court affirming...

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