Pennsylvania Federal Court Strikes Class Action Claims In Disability Discrimination Case

On April 12, 2013, a federal judge in the Western District of Pennsylvania issued an order striking Plaintiff’s class claims in Semenko v. Wendy’s International. Inc., No. 12-CV-00836 (W.D. Pa. April 12, 2013). Specifically, the Court held that Semenko’s purported class-wide disability discrimination claims did not satisfy Fed.R.Civ.P. 23(a) or (b), and thus Wendy’s was able to limit Semenko to pursuing only her individual claims at this very early stage in the litigation.

The ruling is noteworthy for employers seeking to preempt expensive class-wide discovery before getting the chance to oppose class certification theories in a future motion for class certification.

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