Class Action Condensed
assignment
Read ALL of Part One, p. 3-135.
Next, read this webpage so that you will know what happens in the second half of the book. You should read the specific pages noted below and highlighted in yellow. All quiz questions will be drawn from the required first half and these particular pages.
Chapter 11: Nothing assigned. Lois learned Judge Rosenbaum did, in fact grant their class certification but but did not grant an injunction, which would have helped to protect Lois from retaliation. Meanwhile, Lois's mental and physical health continued to decline, as the years of anxiety and stress began to take their toll. The mine switched lawyers and hired a high-powered Minneapolis firm named Faegre and Benson, and the lawyer who worked for them was Mary Stumo. Sprenger soon realized Stumo had no interest in settling. The case would next be on trial before Judge Kyle in Federal District Court in St. Paul. The first phase would be to determine if Oglebay-Norton was liable (or responsible) for the environment at the mine.
Chapter 12: Nothing assigned. This chapter, as the title notes, describes the liability phase of the trial -- simply put, the judge needed to decide if the mine was responsible and also if they discriminated against women in hiring and promotion. Kyle ruled in favor of the women and said the mine was responsible -- which meant that the only thing remaining to be decided would be the amount of money owed to the women. Secondly, Kyle issued an injunction, which meant that they had to implement a sexual harassment policy at the mine within 30 days. Sprenger/Boler were elated -- finally, they won!
Chapter 13: Nothing assigned. This chapter describes what happened during the "damages phase" which was supposed to demonstrate how they had been harmed and how much money they were due. The opposing lawyers worked on digging up every aspect of the women's pasts in an attempt to prove they were mentally harmed by other events, not by working in the mine. Everything was fair game, including Lois's sexual assault.Chapter 14: SKIM. This chapter describes the damages phase of the trial, which started after the depositions you read about in Chapter 13. This phase was very distressing to all the women involved (see p. 318-319 for some particularly upsetting examples.) Basically the women were put on trial and all of their past behavior, including sexual activity, was mentioned. On a day they later called "Black Monday" it was particularly awful.
Chapter
15:
Nothing
assigned.
This chapter
describes Lois's
experience on
the stand (which
as you might
imagine was not
good) and
Sprenger begins
to accept that
they judge would
likely rule
against them.
Chapter
16:
Nothing
assigned.
Judge McNulty
issued his
ruling and the
damages he
awarded were
"shockingly
low." See
p. 346 if you're
curious.
McNulty also
revealed that
Lois had been
raped in his
public report.
He also revealed
private details
of the other
women and was
insulting
towards them.
Another judge,
Judge Kyle,
upheld McNulty's
ruling. From
there, their
only recourse
was to appeal to
the 8th Circuit
Court.
U.S. Circuit
Courts are very
prestigious
courts -- they
are one level
below the U.S.
Supreme Court.
In 1997, the
Circuit Court
rejected
McNulty's ruling
and ordered a
new trial and
damages phase.
In a sense, that
is a great
victory for the
women! But
understandably
they were not
excited about
thinking about
re-doing all of
that effort.
Chapter
17: The
very last
individual judge
to hear their
case is Judge
Tunheim, who
presided over
the jury damages
trial. (Think of
it as a "re-do"
of the damages
phase.) Yet they
did not end up
with the jury
trial due to the
fact that they
decided to
settle.
Read p. 376-end
of the chapter
so you'll know
what they
settled for.
Epilogue: Read the entire (short) epilogue so you'll know how it turned out for the attorneys and the women.