This Week At The Ninth: Class Questions

This week, the Ninth Circuit digs into class certification standards for Title IX cases.

A.B. AND A.M.B. V. HAWAII STATE DEPARTMENT OF EDUCATION

The Court holds that a putative class action by female student athletes of Hawaii's largest public high school alleging discrimination and retaliation satisfied Rule 23's numerosity, commonality, and typicality requirements.

Panel: Judges Clifton, Nelson, and Collins, with Judge Collins writing the opinion.

Key Highlight: “The standard under Rule 23(a) [for numerosity] is not, as the district court seemed to think, whether joinder is a literal impossibility. Rather, the question is whether joinder of all class members is ‘practicable'—i.e., ‘reasonably capable of being accomplished.'”