Ellis, et al. v. Costco Wholesale Corporation

Improper Class Certification

U.S. Chamber's Position: 

NCLC urged the Ninth Circuit to vacate a district court’s order certifying a class of 700 women alleging gender discrimination in promotion and management practices by Costco. In its brief, NCLC argued that the lower court’s willingness to certify broad, unmanageable class actions under Rule 23(b)(2) with no regard for Costco’s right to present rebuttal testimony would force defendants to settle massive class actions regardless of their merit, and encourage the adoption of quotas that undermine the goals of Title VII.

Case Outcome: 

The Ninth Circuit withdrew this case after NCLC filed its brief.

Procedural History: 

Amicus brief filed 9/17/07. Oral argument held 4/14/08. Case withdrawn 4/16/08 pending the outcome of Dukes, et al. v. Wal-Mart Stores, Inc. en banc petition.