Wetzel v. Liberty Mutual Insurance Company

508 F.2d 239 (3d Cir. 1975); cert. denied, 421 U.S. 1011 (1976).

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Nature of the Case

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Facts

Wetzel (P) filed a class action suit against Liberty Mutual (D), for gender discrimination under Title VII of the Civil Rights Act of 1964 and the Equal Pay act of 1963. P and others were informed by D that claim adjuster positions were not open to women. Prior the filing P filed charges with the Pennsylvania Human Rights Commission and the Equal Employment Opportunity Commission. The district court certified the class under Fed. R. Civ. P. 23(b)(2), thus allowing injunctive relief. D voluntarily ceased the alleged activities. P obtained a summary judgment and D moved to set the judgment aside; injunctive relief was no longer needed, and the appropriate basis for maintaining the class action was now Rule 23(b)(3). Rule 23(b)(3) required notices to members of the class. Rule 23(b)(2) applied res judicata to each member of the class without notice. D's motion was denied. D appealed.