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Robinson v. Metro-North Commuter Railroad, Co.

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Argued: May 31, 2001

Plaintiffs-appellants appeal from a September 29, 2000 judgment of the United States District Court for the Southern District of New York (Jed S. Rakoff, District Judge) denying plaintiffs’ motions for class certification and bifurcation and directing entry of judgment dismissing the action. See Robinson v. Metro-North Commuter R.R., 197 F.R.D. 85 (S.D.N.Y. 2000).

For the reasons set forth below, the judgment is vacated and the district court is instructed to certify plaintiffs’ disparate impact claim for Rule 23(b)(2) class treatment, see Fed. R. Civ. P. 23(b)(2), and to consider whether the pattern-or-practice disparate treatment claim is appropriate for (b)(2) certification in light of the standard we set forth today. If the court determines that (b)(2) certification of the pattern-or-practice claim is inappropriate, it shall bifurcate the claim and certify the liability stage of that claim for (b)(2) class treatment, see Fed. R. Civ. P. 23(c)(4)(A).

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