Brown v. Nucor Corp., No. 08-1247

In an appeal from the denial of plaintiffs' motion for class certification in an employment discrimination action, denial of the motion is vacated where: 1) plaintiffs presented compelling direct evidence of discrimination sufficient to meet the Fed. R. Civ. P. 23 commonality requirement; and 2) there was insufficient evidence that each of the employer's departments was so autonomous as to justify classifying them as separate environments.

Read Brown v. Nucor Corp., No. 08-1247

Appellate Information

Argued: January 27, 2009

Decided: August 7, 2009

Judges

Opinion by Judge Gregory

Counsel

For Appellants:

Robert L. Wiggins, Jr., Wiggins, Childs, Quinn & Pantazis, P.C., Birmingham, AL

For Appellees:

Earle Duncan Getchell, Jr., McGuireWoods, L.L.P., Richmond, VA