On March 30, 2018, District Court Judge Analisa Torres issued an order certifying the plaintiff class under Federal Rule of Civil Procedure Rule 23(b)(3). In doing so, Judge Torres overruled Goldman Sachs’ arguments that the class did not satisfy the commonality, typicality, and adequacy requirements of Rule 23(b)(3), finding instead that the plaintiffs did indeed satisfy the Rule’s requirements.
The Court also held that plaintiffs met the federal Rule’s predominance requirements, that is, that common questions of fact predominate over individual questions, with respect to their claims for disparate impact and disparate treatment predicated on statistical evidence of disparate impact. Finally, the Court also determined that having the litigation proceed as a class action was superior to other available methods of fairly and efficiently adjudicating plaintiffs’ claims.
Lieff Cabraser partner Kelly Dermody, co-counsel for plaintiffs in the case, commented to Reuters, “We obviously are very, very pleased. This case is eight years old, and sometimes it’s worth the wait.”