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Civil Procedure Keyed to Babcock
Mosley v. General Motors Corp.
Citation:
487 F.2d 1330 (8th Cir. 1974)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Plaintiff Mosley, the class representative for 9 other employees, alleged that Defendant GM and their union discriminated against them on account of their race. Each person filed charges with the EEOC which found that they each had cause for civil action. Plaintiffs then brought actions individually and as class representatives alleging Defendants discriminated against their Black and female employees. Of the twelve counts, the district court, on Defendant GM’s motion, ordered the first 10 counts to be severed into separate action to be brought individually and not as a class. The district court concluded that there was no question of law or fact common to all the plaintiffs’ claims to warrant joinder under FRCP 20(a), and that the only similarity between the claims was that it was against the same employer. Plaintiffs applied for an interlocutory appeal from this order.
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