Class Action

"Federal judge nominated to state appeals court"

By Kimberly A. Kralowec

Today's San Francisco Chronicle reports that U.S. District Judge Martin Jenkins has been nominated to serve on the First District Court of Appeal based in San Francisco, replacing Justice Joanne Parrilli, who recently retired. Bob Egelko, "Federal judge nominated to state appeals court," San Francisco Chronicle (Jan. 26, 2008). This is important because, according to the article, Judge Jenkins was assigned to the Wal-Mart gender discrimination case and is the judge who granted class certification in that case. Right now, after two opinions from a three-judge Ninth Circuit panel, a petition for en banc rehearing is pending. The article says that on remand the case would be assigned to a new judge.

Howard Bashman of How Appealing has posted a copy of the petition for en banc rehearing as well as a useful redline comparing the two Ninth Circuit opinions (pdf).

Full post as published by The UCL Practitioner on January 26, 2008 (boomark / email).