In re Bemis Co.
United States Court of Appeals for the Seventh Circuit
279 F.3d 419 (2002)
Facts
The Equal Employment Opportunity Commission (EEOC) (plaintiff) sued Bemis Company (Bemis) (defendant) on behalf of five named plaintiffs and a class of other Black employees of Bemis, alleging that racial harassment of the employees violated Title VII. The EEOC sought compensatory and punitive damages and other forms of relief. Bemis argued that the EEOC failed to comply with Rule 23 of the Federal Rules of Civil Procedure, which outlines parameters for certification of class-action lawsuits, and that the class the EEOC represented could not satisfy Rule 23 requirements. The EEOC moved to strike this portion of Bemis’s answer, asserting that lawsuits brought by the EEOC are not subject to Rule 23, and the district court granted the EEOC’s motion. The United States Court of Appeals for the Seventh Circuit granted Bemis’s petition to accept an appeal from the district court’s order regarding Rule 23.
Rule of Law
Issue
Holding and Reasoning (Posner, J.)
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