MOSLEY V. GENERAL MOTORS CORP.
497 F.2d 1330 (8th Cir. 1974)
NATURE OF THE CASE: This was an interlocutory appeal from order requiring severance of joint action into separate actions. Mosley (Ps) appealed a decision severing ten counts of Ps'' twelve-count class action, which alleged 42 U.S.C.S. 2000e et seq. and 42 U.S.C.S. 1981 violations, and withholding determination of the propriety of the class until further discovery.
FACTS: Mosley (P) and nine other plaintiffs brought this class action against General Motors (D) and the local Union alleging racial discrimination and in some cases sex discrimination. They had filed individual complaints with the Equal Employment Opportunity Commission (EEOC), and the EEOC notified each of their right to bring a civil action in federal court by finding that there was reasonable cause that D and the Union had engaged in unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964. All of the Ps requested injunctive relief, back pay, costs and attorney fees. The plaintiffs then joined in a class action. The class counts asked for declaratory and injunctive relief. The district court ordered that each plaintiff bring a separate action based on his complaint. The judge found that there was no right to relief arising out of the same transaction or series of transactions or a common question of fact or law as required by Rule 20. P appealed under 28 USC 1292(b) and the interlocutory appeal was permitted.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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