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19-729: Kleinfeld is a surname of German origin. The name means "little field" or "small field". People surnamed Kleinfeld [ edit ] Andrew Kleinfeld (born 1945), American federal judge, husband to Judith Gerald R. Kleinfeld, founder of the German Studies Association Judith Kleinfeld , American professor and author, wife to Andrew Klaus Kleinfeld (born 1957), German businessman Philip M. Kleinfeld (1894–1971), New York politician and judge See also [ edit ] Klinefelter [REDACTED] Surname list This page lists people with

38-489: A 6-5 vote, with Judge Michael Daly Hawkins writing for the majority and Judge Sandra Segal Ikuta writing for the dissent. Walmart's lead appellate counsel, Theodore Boutrous Jr. , said in a statement that the decision violates "both due process and federal class action rules, contradicting numerous decisions of other federal appellate courts and the Supreme Court itself" and indicated that Walmart would appeal to

57-432: A lawsuit initiated by female employees of Wal-Mart against the company for gender discrimination . Kleinfeld wrote a sharply worded dissent, saying "this case poses a considerable risk of enriching undeserving class members and counsel, but depriving thousands of women actually injured by sex discrimination of their just due." Kleinfeld was the author of the unanimous panel decision of Morse v. Frederick , holding that

76-793: A part-time U.S. magistrate judge for Alaska's U.S. District Court. Kleinfeld is married to Judith (Smilg) Kleinfeld , a professor at the University of Alaska Fairbanks . Kleinfeld's family is Jewish . Kleinfeld was nominated to a seat on the United States District Court for the District of Alaska by President Ronald Reagan on March 26, 1986, confirmed by the United States Senate on May 14, 1986, and received his commission on May 15, 1986. His service terminated on October 7, 1991, due to elevation to

95-515: A student who put up a banner supposedly supporting drug legalization was exercising his freedom of speech protected by the First Amendment , and the school principal acted unconstitutionally in suspending him. The school board appealed the decision to the Supreme Court , which heard the case on March 19, 2007. The Supreme Court, in a 2007 majority opinion authored by Chief Justice John Roberts , reversed Kleinfeld's ruling and ruled that

114-601: Is different from Wikidata All set index articles Andrew Kleinfeld Kleinfeld graduated from Wesleyan University in 1966 with a Bachelor of Arts . He then attended Harvard Law School , graduating in 1969 with a Juris Doctor . After graduating from law school, Kleinfeld was a law clerk to justice Jay Rabinowitz of the Alaska Supreme Court from 1969 to 1971. He then entered private practice in Fairbanks, also serving from 1971 to 1974 as

133-534: The First Amendment does not protect in-school student speech advocating illegal drug use. One key point of disagreement between Judge Kleinfeld's opinion and Chief Justice Roberts' was whether the speech was at or during school. As the banner was displayed across the street from the school (which had been let out for the day), Judge Kleinfeld's panel held that it was an "out of school" activity. Chief Justice Roberts' majority disagreed. Dukes v. Wal-Mart Stores, Inc. Wal-Mart v. Dukes , 564 U.S. 338 (2011),

152-447: The surname Kleinfeld . If an internal link intending to refer to a specific person led you to this page, you may wish to change that link by adding the person's given name (s) to the link. Retrieved from " https://en.wikipedia.org/w/index.php?title=Kleinfeld&oldid=1151603599 " Categories : Surnames German-language surnames Hidden categories: Articles with short description Short description

171-587: The Ninth Circuit granted Walmart's petition for rehearing en banc on the class action certification. As a result, the December 2007 Ninth Circuit opinion was no longer effective. On March 24, 2009 a panel of eleven Ninth Circuit judges, led by Chief Judge Alex Kozinski , heard oral arguments for the En Banc appeal. On April 26, 2010, the en banc court affirmed the district court's class certification on

190-551: The Supreme Court ruled in Walmart's favor by saying the plaintiffs did not have enough in common to constitute a class. The Court ruled unanimously that because of the variability of plaintiffs' circumstances, the class action could not proceed as comprised. The Court ruled 5–4 that it could not proceed as any kind of class action suit. Critics of the opinion allege that the decision makes it incredibly difficult to certify

209-486: The Supreme Court. Plaintiffs' counsel argued that "Wal-Mart is attempting to dismantle the Supreme Court's employment discrimination class action jurisprudence [that] would require the Court to overrule 45 years of civil rights and class action precedent." On December 6, 2009, the Supreme Court agreed to hear Walmart's appeal as Wal-Mart v. Dukes . Oral argument for the case occurred on March 29, 2011. On June 20, 2011,

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228-637: The court of appeals. On May 23, 1991, President George H. W. Bush nominated Kleinfeld to a seat on the United States Court of Appeals for the Ninth Circuit , vacated by Judge Alfred Goodwin . He was confirmed by the Senate on September 12, 1991, and received his commission on September 16, 1991. He assumed senior status on June 12, 2010. In 2007, a Ninth Circuit panel affirmed the class action certification in Dukes v. Wal-Mart Stores, Inc. ,

247-488: The decision. On February 6, 2007, a three-judge panel of the Ninth Circuit affirmed the district court's class certification. Judge Harry Pregerson wrote for the majority, which also included Judge Michael Daly Hawkins . Judge Andrew J. Kleinfeld dissented and criticized the majority's view of the class certification standards. Walmart promptly filed for a rehearing and a rehearing en banc , contending that

266-400: The defendant's actions make injunctive relief appropriate, can be used to file a class action that demands monetary damages . The Court also asked the parties to argue whether the class meets the traditional requirements of numerosity, commonality, typicality, and adequacy of representation. The Supreme Court ruled unanimously that the class should not be certified in its current form but

285-649: The lawsuit began in US District Court in San Francisco . The plaintiffs sought to represent 1.6 million women, including women who were currently working or who had previously worked in a Walmart store since December 26, 1998. In June 2004, the federal district judge, Martin Jenkins , ruled in favor of class certification under the Federal Rules of Civil Procedure 23(b)(2). Walmart appealed

304-411: The majority committed legal error with regard to whether the grounds for class action certification had been met. On December 11, 2007, the same Ninth Circuit panel withdrew its initial opinion and issued a subsequent, superseding opinion, which still permitted the class certification. The panel dismissed the original petition for rehearing as moot in light of its superseding opinion, on the grounds that

323-404: The revised opinion addresses the legal errors claimed in the petition, but Walmart was permitted to refile its petition. Among other changes to its original opinion, the Ninth Circuit altered its opinion with respect to the admissibility of expert testimony and the use of Daubert challenges during a motion for class certification. Walmart again filed for a rehearing en banc. On February 13, 2009,

342-522: Was a United States Supreme Court case in which the Court ruled that a group of roughly 1.5 million women could not be certified as a valid class of plaintiffs in a class-action lawsuit for employment discrimination against Walmart . Lead plaintiff Betty Dukes, a Walmart employee, and others alleged gender discrimination in pay and promotion policies and practices in Walmart stores. The Court agreed to hear argument on whether Federal Rule of Civil Procedure , Rule 23(b)(2), which provides for class-actions if

361-530: Was only 5–4 on why so and whether the class could continue in a different form. In 2000, Betty Dukes, a 54-year-old Walmart worker in California , claimed sex discrimination. Despite six years of work and positive performance reviews, she was denied the training she needed to advance to a higher salaried position. Walmart argued that Dukes clashed with a female Walmart supervisor and was disciplined for admittedly returning late from lunch breaks. In June 2001,

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