The latest news on the grants we’ve made and the legal cases we’re supporting to end injustice.
Impact Fund Latest News
Stay current on our progress in fighting for justice.
News Release 10.28.24: Impact Fund Makes Grants of $150,000
Berkeley, CA 10.28.24 - The Impact Fund has granted $150,000 in its fall grantmaking cycle to fund seven impact lawsuits. These cases aim to prevent the unlawful detention of immigrants in Pennsylvania, address nitrate pollution in Central California, end forced labor in Colorado prisons, seek accountability for the destruction of a Black neighborhood in Oregon, prevent a highway expansion in Texas, and seek justice for water contamination caused by animal agriculture in Idaho.
“It is as inspiring as ever to know that these grants will advance our goals of building a healthier planet, making the world a more safe and equitable place, and ensuring access to justice for all,” said Dena Sharp, Chair of the Impact Fund’s Board of Directors.
One grant funds an environmental justice case aiming to prevent water pollution caused by a concentrated animal feeding operation (CAFO) in Grand View, Idaho.
NEWS Release 07.10.24: IMPACT FUND GRANTS $203,650 TO SUPPORT PUBLIC INTEREST LITIGATION
Berkeley, CA 07.10.24 - The Impact Fund has granted $203,650 in its summer grantmaking cycle to fund nine impact lawsuits. These cases aim to challenge the censorship of books in jails, improve access to transit for people with disabilities, seek accountability for police violence against Indigenous land defenders, prevent the destruction of unhoused peoples’ property, and more.
Dena Sharp, Chair of the Impact Fund’s Board of Directors, said: “These grants provide resources and support for cases across a spectrum of causes, and will help ensure access to justice for a wide range of communities using the legal system to seek fairness and equality.”
One grant funds a case on behalf of Indigenous land defenders from the Wet’suwet’en First Nation in Canada, who have been protesting the construction of a pipeline on their land.
News Release 04.23.24: IMPACT FUND GRANTS $131,500 TO SUPPORT SOCIAL JUSTICE LITIGATION
One grant funds a class action lawsuit that aims to significantly reform Alaska’s foster care system.
Berkeley, CA 04.23.24 – The Impact Fund has granted $131,500 in its spring grant cycle to fund three separate lawsuits. These cases aim to safeguard the rights of foster children in Alaska, halt the discriminatory use of gunfire detection technology in Chicago, and protect Montana consumers from gender and marital status discrimination by insurance companies.
“Our grantees model the highest and best use of our courts: using litigation to expose injustice and give voice to people and communities struggling to be heard. Our litigation grants help to amplify their work and achieve a more just society for us all,” said Impact Fund Executive Director Lindsay Nako.
NEWS Release 02.07.24: IMPACT FUND MAKES GRANTS OF $172,500
Berkeley, CA 02.07.24 – The Impact Fund has made grants totaling $172,500 in its winter cycle to fund six lawsuits. These cases aim to safeguard the rights of children residing in low-income areas of Arizona, farmworkers consistently exposed to substantial pesticide levels, racial justice protesters, Texas residents with disabilities, family members affected by paramilitary death squads in Colombia, and youth fighting for climate justice in Hawaii.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “These grants provide the resources to navigate the complex legal system, ensuring equal access to justice and safeguarding the fundamental rights of individuals and communities.”
One grant funds a multi-plaintiff case against Arizona's school district funding scheme, which is based on property values and disadvantages students attending public schools in low-income districts.
SUMMARY JUDGMENT IN WASATCH AWARDS $4.8M TO SECTION 8 TENANTS
01.31.24 - Judge Mueller of the Eastern District of California recently awarded $4.8 million to a certified class of Section 8 tenants in our ongoing litigation Terry et al. v. Wasatch Advantage Group et al. Plaintiffs moved for summary judgment on the issue, which the Court granted in full. The Court ruled that the Housing Assistance Payment contract unambiguously requires the full return of any excess rent charges and awarded $2.4 million in contract damages and another $2 million in interest as of July 2023.
01.19.24 Impact Fund Hires Lori Rifkin As Litigation Director
The Impact Fund is thrilled to welcome Lori Rifkin as our new Litigation Director. Lori brings two decades of experience litigating individual and class civil rights cases and building greater equity within the legal profession. We look forward to Lori’s contributions to our current cases defending the rights of Section 8 tenants, LGBTQ+ veterans, and SNAP recipients, as well as developing important new cases and amicus advocacy.
01.18.24 Fawn Rajbhandari-Korr Is IMPACT FUND’S New Training Director
The Impact Fund is excited to announce current Senior Counsel Fawn Rajbhandari-Korr as our new Training Director. Fawn brings over a decade of public speaking, training, and litigation experience to our legal training program. While continuing her work on our legal team, Fawn will develop the programming for the Impact Fund’s Class Action Conference, Summer Online Training Series, and Class Action Training Institute, as well as our engaging and interactive trainings for legal nonprofit organizations across California.
NEWS RELEASE 11.07.23 - IMPACT FUND MAKES GRANTS OF $111,500
One case, which encompasses prisoners’ rights, disability rights, access to healthcare, and due process, seeks to ensure that people with severe mental health disabilities receive adequate treatment instead of being forced to remain in jail when they have not been convicted of a crime.
Berkeley, CA 11.07.23 – The Impact Fund has made grants totaling $172,500 in its fall cycle to fund eight lawsuits that protect the rights of individuals threatened by uncaring corporate interests and small-minded government.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “By providing grants that bolster economic, environmental, racial, and social justice, we invest in a future where fairness, sustainability, and equality prevail, empowering communities and individuals to thrive.”
news release 09.21.23: IMPACT FUND AND WESTERN CENTER ON LAW AND POVERTY SECURE MOMENTOUS WIN FOR 40 MILLION SNAP RECIPIENTS
SNAP recipients, represented by Western Center on Law and Poverty and the Impact Fund, filed suit in federal court in San Francisco on September 12, 2023, against the heads of the United States Department of Agriculture (USDA) and the Office of Management and Budget (OMB).
Millions of Americans with low incomes will now receive their food benefits without delay during the first month of a potential federal government shutdown, thanks to the government’s response to a nationwide class action brought by Western Center on Law and Poverty and Impact Fund. The USDA has committed to changing its accounting practice to now guarantee that over 40 million people will receive their SNAP benefits in October, beginning this year and continuing every year moving forward - regardless of a government shutdown.
“Millions of Americans, many of whom are seniors, children, and people with disabilities, will now have a better sense of where their next meal is coming from this October. Food insecurity, lack of access to food, and hunger are preventable, as we saw during the height of the pandemic when policymakers moved swiftly to protect people,” said Lindsay Nako, Director of Litigation and Training at the Impact Fund.
News Release 09.13.23: CLASS ACTION LAWSUIT: 42 MILLION AMERICANS AT RISK OF HUNGER IF FEDERAL GOVERNMENT FAILS TO ACT
SNAP serves low-wage working families, low-income seniors, and people with disabilities living on fixed incomes.
Western Center on Law and Poverty and Impact Fund have filed a class action lawsuit against the United States Department of Agriculture (USDA) and the Office of Management and Budget (OMB) to prevent a delay in providing Supplemental Nutrition Assistance Program (SNAP) benefits to 42 million Americans.
Congress must pass either appropriation bills or a “continuing resolution” to temporarily continue federal funding by September 30th, or else the federal government will shut down.
The lawsuit asserts that the USDA should exercise available strategies to order the continuation of the SNAP benefits, while Congress works on passage of the funding bills.
“Food justice spans economic, environmental, racial, and social justice. Every agency and Congress person must take responsibility and accountability for the 42 million lives in their hands,” said Lindsay Nako, Director of Litigation and Training at The Impact Fund. “This case is about each and every one of the individuals, families, seniors, and people with disabilities who rely on SNAP to survive.”
NEWS RELEASE 08.29.23: JOCELYN LARKIN TO PASS IMPACT FUND BATON TO LINDSAY NAKO
Jocelyn D. Larkin (L) and Lindsay Nako (R)
After more than two decades of tireless service, Impact Fund’s Executive Director, Jocelyn Larkin, announced today that she will step down from her leadership position with the organization next spring: “I am looking ahead with great excitement to the organization’s next leader, Lindsay Nako, who will bring her extraordinary skill, passion, and voice to this new chapter. With grace and determination, she is ready to excel.”
news release 08.08.23 - U.S. VETERANS FILE “JUSTICE FOR LGBTQ+ VETERANS” LAWSUIT AGAINST U.S. DEPARTMENT OF DEFENSE
San Francisco, CA 08.08.23 – A group of LGBTQ+ veterans discharged under the discriminatory “Don’t Ask, Don’t Tell” (“DADT”) and similar earlier policies filed a class action lawsuit today against the U.S. Department of Defense seeking to end ongoing discrimination perpetuated by their discharge papers. The lawsuit, filed in the U.S. District Court for the Northern District of California, seeks the removal of narratives and separation codes that disclose the veteran’s sexual orientation and, when needed, seeks upgraded discharge statuses for tens of thousands of veterans discharged under DADT and its predecessor policies. The Plaintiffs are Sherrill Farrell, Steven Egland, James Gonzales, Jules Sohn, and Lilly Steffanides. The Plaintiffs are represented by the Impact Fund, Legal Aid at Work, and King & Spalding LLP.
NEWS RELEASE 07.25.23 - IMPACT FUND MAKES GRANTS OF $111,500 FOR ECONOMIC, ENVIRONMENTAL, RACIAL, AND SOCIAL JUSTICE
One grant supports an environmental justice case against a private company for unlawfully discharging animal waste into local waterways and over-applying animal manure in crop fields surrounding the Snake River in Grand View, Idaho, which impacts safe drinking water and threatens native fish populations.
Berkeley, CA 07.25.23 – The Impact Fund has made recoverable grants totaling $111,500 in its summer cycle to fund four lawsuits brought on behalf of incarcerated people denied basic and humane mental health services, BIPOC communities harmed by pollution and financial predation, and immigrants held in detention and subjected to commercially exploitative work programs.
“By supporting litigation that safeguards civil liberties and ensures equitable access to a clean and healthy environment, we pave the path towards a more just and sustainable future where the dignity and rights of all are respected,” said Impact Fund Executive Director Jocelyn Larkin.
Berkeley, 07.12.23 - Impact Fund Applauds Confirmation of Kalpana Kotagal as EEOC Commissioner
Kalpana Kotagal, Civil Rights & Employment Attorney
Berkeley, 07.12.23 — The U.S. Senate confirms Cohen Milstein Sellers & Toll PLLC partner Kalpana Kotagal to serve on the U.S. Equal Employment Opportunity Commission.
“We celebrate and applaud the long-overdue confirmation of Kalpana Kotagal to serve as a commissioner of the Equal Employment Opportunity Commission (EEOC) and congratulate her at the happy end to this arduous process. She is a gifted civil rights lawyer and her experience challenging systemic discrimination will serve us all well as she takes up her appointment. She has dedicated her life to representing the most vulnerable communities who have been harmed by discrimination in the workplace and we look forward to seeing how the now-fully staffed commission will work to uphold the civil rights of all in employment,” said Impact Fund Executive Director, Jocelyn Larkin.
BERKELEY, 07.03.23 - Response to 2022 SCOTUS Term Rulings
Berkeley, 07.03.23 - In its 2022 term, which just ended, SCOTUS has given us a blunt reminder of just how much courts matter and sadly why public confidence in the judicial system is at an historic low. ICYMI decisions have included, blocking student loan relief, creating a right to discriminate against LGBTQ people, dealing a death blow to affirmative action, and eviscerating the Clean Water Act. The court set a high bar last year with the reversal of Roe v. Wade but has outdone itself with a volley of decisions that will scar the nation for years to come.
"The term will be most remembered for the decisions of the last couple of days that moved the law in a dramatically conservative direction," said Erwin Chemerinsky, dean of the University of California Berkeley Law School.
Berkeley, CA 05.02.23 – The Impact Fund has made recoverable grants totaling $180,000 in its spring cycle to fund lawsuits brought on behalf of communities threatened by uncaring corporate interests and small-minded government.
One grant funds a multi-plaintiff environmental racism case challenging Caltrans’ approval of a highway interchange expansion project, which would increase truck traffic and industrial development in some of California’s most environmentally burdened communities.
Berkeley, CA 05.02.23 – The Impact Fund has made recoverable grants totaling $180,000 in its spring cycle to fund lawsuits brought on behalf of communities threatened by uncaring corporate interests and small-minded government.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “These grants support cases that ensure that those who are oppressed, regardless of their race, age, or socioeconomic status, have access to a safe and healthy environment and access to due process.”
SARU JAYARAMAN TO KEYNOTE 31ST ANNIVERSARY GALA - Impact Fund celebrates impact litigation as driver of social justice
Berkeley, 04.27.23 – The Impact Fund is delighted to announce that Saru Jayaraman will be the special guest and keynote speaker at its 31st Anniversary Gala on May 16.
Joining Saru Jayaraman will be two Impact Fund grantees, whom the Impact Fund is grateful to acknowledge for their recent successes in court.
The first to be honored is North Carolina Prisoner Legal Services, Inc. for its work in Thomas J. Stamps v. North Carolina Division of Adult Correction, a class action civil rights suit against the North Carolina Division of Adult Correction for its failure to provide adequate screening of and medical treatment for inmates with chronic Hepatitis C infections.
The second of the honorees is Aaron Halegua, PLLC for the firm’s work in Tianming Wang v. Gold Mantis, a human trafficking and forced labor case filed in the federal district court for Saipan—part of a U.S. Commonwealth in the Pacific Ocean.
Impact Fund Executive Director, Jocelyn Larkin, said: “We are excited to extend a warm welcome to our community for "The Path Forward" celebration, where we will pay tribute to trailblazers who have been at the forefront of advocating for justice.”
Berkeley, CA 02.14.23 – The Impact Fund has made recoverable grants totaling $156,250 in its winter cycle to fund five impact lawsuits. These grants underwrite litigation to protect the rights of live-in caregivers in Washington, children in West Virginia’s foster care system, incarcerated individuals with disabilities in Texas, and low-income families in San Francisco’s Bayview community.
One grant funds a case challenging long-practiced policies of concentrating environmental harms and failing to provide open space access to residents of San Francisco’s Bayview neighborhood.
Berkeley, CA 02.14.23 – The Impact Fund has made recoverable grants totaling $156,250 in its winter cycle to fund five impact lawsuits. These grants underwrite litigation to protect the rights of live-in caregivers in Washington, children in West Virginia’s foster care system, incarcerated individuals with disabilities in Texas, and low-income families in San Francisco’s Bayview community.
Catherine Fisk of the Impact Fund’s Grant Advisory Committee, said: “With these grants, we are building a healthier planet and a safer world by standing with communities threatened by uncaring corporate interests and small-minded government.”
11.02.22 – The Impact Fund has made recoverable grants totaling $125,000 in its fall cycle to fund four lawsuits challenging unlawful policies and practices on behalf of Indigenous communities in Mexico, Black Lives Matter demonstrators, low-income people of color in East Boston, and detained immigrants.
One grant funds a case that is seeking a ban on genetically modified corn cultivation in Mexico based on impacts on biodiversity and human rights.
Berkeley, CA 11.02.22 – The Impact Fund has made recoverable grants totaling $125,000 in its fall cycle to fund four lawsuits challenging unlawful policies and practices on behalf of Indigenous communities in Mexico, Black Lives Matter demonstrators, low-income people of color in East Boston, and detained immigrants.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “We’re addressing civil rights, human rights, and environmental justice in this round of grantmaking.”
07.19.22 – The Impact Fund has made recoverable grants totaling $100,000 in its summer cycle to fund three lawsuits that protect the rights of Black Lives Matter protestors and challenge environmental racism and pollution on behalf of Indigenous communities.
Berkeley, CA 07.19.22 – The Impact Fund has made recoverable grants totaling $100,000 in its summer cycle to fund three lawsuits that protect the rights of Black Lives Matter protestors and challenge environmental racism and pollution on behalf of Indigenous communities.
“With these grants, we continue our support for communities challenging environmental contamination and police abuse,” said Impact Fund Executive Director, Jocelyn Larkin.
One grant funds a case that seeks to protect O’ahu’s sacred waters from contamination from the world’s largest underground fuel storage facility.
Letters of inquiry for the Impact Fund’s next grantmaking cycle are due July 19, 2022.
02.10.22: IMPACT FUND MAKES GRANTS OF $92,135 FOR ENVIRONMENTAL & SOCIAL JUSTICE | New Grants to Support Impact Litigation on Behalf of BIPOC Communities, Young Adults, People with Disabilities, Foster Youth, and Low-Income Families.
One grant is for a case that challenges the unmonitored use of psychotropic drugs for the 2,000 children living in Maine’s foster caresystem.
Berkeley, CA 02.10.22 – The Impact Fund has made recoverable grants totaling $92,135 to fund five lawsuits that challenge voter suppression, racism, pollution, and inaccessible services for unhoused individuals with disabilities.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “These communities have earned their day in court, and we’re grateful to do what we can so that justice will prevail.”
Letters of inquiry for the Impact Fund’s next grantmaking cycle are due April 12, 2022.
10.12.21: IMPACT FUND MAKES GRANTS OF $90,500 FOR ENVIRONMENTAL & SOCIAL JUSTICE | New Grants to Support Litigation on Behalf of People with Disabilities; Low-Income, and BIPOC Communities.
One of the grants made was made to Grassy Narrows First Nation in Ontario, Canada, to hold the government responsible for mercury contamination of the English-Wabigoon river system, which has caused catastrophic environmental and health impacts.
Berkeley, CA 10.13.21 – The Impact Fund, the nation’s only charity providing broad support to advance the use of impact litigation as a tool to achieve economic, environmental, racial, and social justice, has just made recoverable grants totaling $90,500 in its fall cycle to fund six lawsuits protecting communities threatened by uncaring corporate interests and small-minded government.
“Since being founded in 1992, the Impact Fund has stood in solidarity with people with disabilities and BIPOC and low-income communities, supporting them in their battles for justice,” said Impact Fund Executive Director, Jocelyn Larkin, adding: “we’re grateful today to renew our commitment to economic, environmental, racial, and social justice.”
03.30.21: IMPACT FUND REACHES $8M MILESTONE IN GRANTMAKING FOR SOCIAL JUSTICE | New Grants to Support Litigation on Behalf of Black Lives Matter Protesters, Native Americans, Homeless People, and Incarcerated People with Disabilities.
San Jose demonstrators were met with brutal and racially targeted repression.
The Impact Fund, the nation’s only charity providing broad support to advance the use of impact litigation as a tool to achieve economic, environmental, racial, and social justice, has just made recoverable grants totaling $55,000 in its spring cycle to fund four lawsuits protecting the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
Since its founding in December 1992, the Impact Fund has made 715 grants and the most recent round pushes the cumulative total to just over $8M.
“When the Impact Fund was founded just over 28 years ago, nobody dreamed that we’d still be here today, stronger than ever,” said Impact Fund Executive Director, Jocelyn Larkin, adding: “The fact that we are proves that impact litigation remains one of the most effective tools to make real social change.”
In its most recent round of grantmaking, the Impact Fund made grants to support four cases, which reflect the broad scope of the issues and communities within the organization’s mission.
A trip to the auto dealer turned into a nightmare for Mr. Ramirez that has gone all the way to the Supreme Court.
Today, the NAACP Legal Defense and Educational Fund, Inc. (LDF) and the Impact Fund filed an amicus brief on behalf of 24 organizations in TransUnion LLC v. Ramirez, a case before the U.S. Supreme Court involving Article III standing for members of certified class actions. LDF and the Impact Fund’s brief addresses a separate issue before the Court regarding the federal rule requiring class action representatives to have legal claims that are “typical” of the claims of the class members. The brief explains why TransUnion’s effort to turn typicality into a tool to protect defendants is at odds with Federal Rule of Civil Procedure 23 and highlights how a ruling in favor of TransUnion would hinder civil rights cases challenging systemic discrimination.
02.11.21: FAIR ACT REINTRODUcED TO coNGRESS - IMPACT FUND STATEMENT
The Impact Fund strongly supports the Forced Arbitration Injustice Repeal (FAIR) Act.
The legislation would ensure that workers, consumers, servicemembers, nursing home residents, ordinary investors, and small businesses harmed by bad actors will be able to bring claims in court and not be forced into private, secretive, corporate-controlled arbitration systems required by nonnegotiable contracts. The legislation would also outlaw class action waivers, restricting the rights of individuals to organize together to pursue collective claims for such things as a pattern of workplace discrimination against women or people of color.
UBER, FOSTER FARMS, TARGETED BY IMPACT FUND GRANTEES IN WINTER FUNDING ROUND - Impact Fund Makes Quarterly Winter Grants of $110,000 to Support Impact Litigation
Berkeley, CA 01.07.21 – The Impact Fund, the nation’s only charity providing broad support to advance the use of impact litigation as a tool to achieve economic, environmental, racial, and social justice, has just made recoverable grants totaling $110,000 in its winter cycle to fund four lawsuits protecting the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
“As we face a slow and uneven recovery from the pandemic, it’s especially important that we remain vigilant against injustice and continue to support low-income and BIPOC communities that suffer,” said Impact Fund Executive Director, Jocelyn Larkin.
UberWAV is a great example of accessibility but only in select locations
Wheelchair users face many obstacles to accessibility; companies that know better should do better. In cities like San Francisco, Uber has an "UberWAV" program that allows users to call a Wheelchair Accessible Vehicle ("WAV"). But Uber has refused to make that program available to users in other cities around the United States - including New Orleans. The ADA requires that transportation companies (which the statute explicitly defines to include "demand responsive systems" like Uber) provide equivalent service to customers with disabilities. The Impact Fund has made a grant to help fund the case being pursued by Stephan Namisnak and Francis Falls, two NOLA residents who use wheelchairs, asking Uber to live up to its legal duties under the ADA.
IMPACT FUND GALA Goes virtual with Jill wine-Banks and honorees
Berkeley, 10.07.20 – The Impact Fund is delighted to announce that Jill Wine-Banks, author of the recently published book, The Watergate Girl, will be the special guest and keynote speaker at its 27th Anniversary Gala on October 21.
Jill is currently an MSNBC Legal Analyst, appearing regularly on primetime and daytime shows. She also served as the Executive Vice President and Chief Operating Officer of the American Bar Association.
For more about Jill Wine-Banks, click here.
Joining her as honorees this year are three Impact Fund grantees:
Children’s Rights, for its work in M.B. v Corsi, a case that protected 13,000 foster children in Missouri from being over-prescribed dangerous psychotropic drugs.
Texas RioGrande Legal Aid, which took serial polluter, Formosa Plastics, to court and won a groundbreaking settlement of $50 million in mitigation payments supporting projects that will help revitalize marine resources, public beaches, and waterways.
Our Children’s Trust, for its landmark climate recovery lawsuit brought against the US Government by 21 youth around the nation.
For more about the honorees, click here.
This year, the Gala—a highlight in the annual calendar of Bay Area legal community fundraisers—is taking place on October 21st, 7pm – 8pm. Preregistration is required. Register by making a donation of any amount here.
IMMIGRATION WOES AND COVID-19 CONCERNS LEAD SUMMER GRANTMAKING - Impact Fund Makes Quarterly Summer Grants of $158,700 to Support Impact Litigation
One of the cases we have funded is seeking to safeguard family-based particular social group asylum claims and protect families that have survived or will face persecution based on their family relationships.
Berkeley, CA 06.16.20 – The Impact Fund, the nation’s only charity providing broad support to advance the use of impact litigation as a tool to achieve economic, environmental, racial, and social justice, has just made recoverable grants totaling $158,700 in its summer cycle to fund six lawsuits to protect the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
“In spite of and indeed because of the economic downturn, we remain as committed as ever to supporting the communities that suffer,” said Impact Fund Executive Director, Jocelyn Larkin.
Among the hardest hit are immigrants, especially those applying for asylum. Two of the cases funded touch on that issue. The first, to Capital Area Immigrant Rights Coalition, is to address the unfair process that has sharply increased under the current administration, which is detaining more immigrants who have family and community ties, and little to no criminal history. The other is to help with an appeal being made by Catholic Legal Immigration Network, Inc., seeking to safeguard family-based particular social group asylum claims and protect families that have survived or will face persecution based on their family relationships.
IMPACT FUND & WESTERN CENTER FILE Class Action Lawsuit Against USDA For Denying Emergency Food Assistance To Californians With Greatest Need - Lawsuit says USDA’s SNAP emergency allotment denials violate the Families First Coronavirus Response Act
“The federal government has a responsibility to make sure people in this country do not go hungry during this pandemic.”
SAN FRANCISCO — The U.S. Department of Agriculture (USDA) is illegally denying emergency food aid to those most in need, according to a federal class action lawsuit filed today in San Francisco. Plaintiffs Robin Hall and Steven Summers represent a proposed class of Californians with the lowest incomes seeking an immediate injunction of USDA guidance that denies them emergency food assistance via the Supplemental Nutrition Assistance Program (SNAP, Calfresh in California). The plaintiffs and the class are represented by Western Center on Law & Poverty and the Impact Fund.
In response to the public health crisis presented by COVID-19, Congress passed the Families First Coronavirus Response Act in March of this year. The Act sought to address rising food insecurity and hunger with significant additional resources for SNAP recipients. Specifically, the Act authorized USDA to issue additional payments to all households currently receiving SNAP benefits, which states must apply for. When California applied for the emergency aid, USDA denied the additional benefits for individuals and families already receiving the regular maximum allotment, or in other words, those with the least income.
IMPACT FUND & WESTERN CENTER DEMAND USDA RESCIND GUIDANCE THAT STRIPS EMERGENCY FOOD ASSISTANCE FROM CALIFORNIANS WITH GREATEST NEED - USDA’S SNAP EMERGENCY ALLOTMENT GUIDANCE GOES AGAINST CONGRESSIONAL INTENT; MAY REQUIRE LEGAL ACTION
“USDA refuses to acknowledge the disproportionate impact this crisis is having on the ability of at-risk families to meet their basic needs,” said Lindsay Nako, Director of Litigation and Training at Impact Fund.
SAN FRANCISCO — Western Center on Law & Poverty and Impact Fund have sent a demand letter to USDA Secretary Sonny Perdue, requesting the Department rescind guidance from March 20th and April 21st of this year regarding implementation of SNAP (aka food stamps) emergency allotments, which Congress provided as part of the Families First Coronavirus Response Act.
The Act is intended to provide emergency allotments of food assistance to eligible low-income households. Emergency assistance is critical for Californians impacted by the COVID-19 health emergency and related stay-at-home orders, as the State and the Nation face increased food expenses and the loss of other food assistance on which residents normally rely.
SPRING GRANTS TARGET CRIMINAL “INJUSTICE” SYSTEMS - Impact Fund Makes Quarterly Spring Grants of $175,000 to Support Impact Litigation
One of the grants is for a class action lawsuit, which claims that the Colorado Department of Corrections (CDOC) has discriminated against transgender women solely on the basis of their gender identity.
Berkeley, CA 03.26.20 – The Impact Fund, the nation’s only legal grantmaking charity dedicated to advancing the use of impact litigation as a tool to achieve economic, environmental, and social justice, has just made grants totaling $175,000 in its spring cycle to fund four lawsuits to protect the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
“We want a more equitable world where everyone can achieve justice, and this round of grantmaking speaks eloquently to that vision,” said Impact Fund Executive Director, Jocelyn Larkin.
Jill Wine-Banks to Keynote 27th Anniversary Gala - Impact Fund celebrates impact litigation as driver of social justice
San Francisco, 02.12.20 – The Impact Fund is delighted to announce that Jill Wine-Banks, author of the soon-to-be-published book, The Watergate Girl, will be the special guest and keynote speaker at its 27th Anniversary Gala on October 6.
Impact Fund Executive Director, Jocelyn Larkin, said:
“Jill Wine-Banks is a brilliant legal commentator and the voice of studied experience, bringing perspective and expert commentary to the nation. We’re looking forward to hearing what she has to say in the midst of these turbulent times and thrilled that she will be joining us as we recommit to our core values.”
Jill’s new book, The Watergate Girl, is to be published 02.25.20
Jill is currently an MSNBC Legal Analyst, appearing regularly on primetime and daytime shows. She also appears on PBS, Canadian and Australian networks, Sirius XM, NPR and other radio shows and podcasts. In addition, Jill has written for the Chicago Tribune, NBC.com, Politico, and Huffington Post. She has also been featured in several documentaries and films, including Academy Award winner Charles Ferguson’s Watergate, or How We Got Control of an Out of Control President, Robert Redford’s All The President’s Men Revisited, ABC 20/20, and Michael Moore’s Farenheit 11/9. She has also served as the Executive Vice President and Chief Operating Officer of the American Bar Association.
Jill cares deeply about the social justice challenges the Impact Fund addresses and says:
“I was raised to believe that I had an obligation to do what I could to make this a better world and have spent much of my life in public service and on issues of civil rights, gender and racial equality, and educational and economic opportunity for all. The Impact Fund's work through public interest litigation inspires me, especially in the current political environment where that work is more necessary than ever in our history.”
This year, the Gala—a highlight in the annual calendar of Bay Area legal community fundraisers—is slated for Tuesday, October 6, at the Westin St. Francis, San Francisco, 5:30pm – 8pm. Tickets are limited and are now available at www.impactfund/gala.
“Jill’s calm, but exciting, style and her trademark pins have become much anticipated on national television,”continued Larkin, concluding: “That she is standing in solidarity with us and communities so that they can have access to the justice system is something worth celebrating.”
Impact Fund, Equality Florida, NCLR Lead Civil Rights Groups Brief in Florida Appeals Court Fight to Protect Local Human Rights Ordinances
DAYTONA BEACH, FL — Today, Equality Florida, Impact Fund, and the National Center for Lesbian Rights led a coalition of Florida civil rights groups and nonprofit organizations in filing an amicus (friend of the court) brief urging Florida’s Fifth District Court of Appeal to reverse a trial court ruling invalidating Orange County’s Human Rights Ordinance (HRO). The case is Yanes v. O C Food and Beverage, LLC.
Anita Yanes and Brittney Smith brought a sex discrimination lawsuit alleging they were denied entrance to Rachel’s Orlando, a club and restaurant in Orange County, FL. The lawsuit alleges that Rachel’s requires women to be accompanied by a male companion, which violates Orange County’s HRO.
The trial court dismissed the case, accepting the defendants’ argument that the Florida Civil Rights Act (FCRA) preempts and prohibits local governments from enacting HROs to protect their communities from discrimination. The amicus brief describes the urgent need to address ongoing discrimination in Florida and the many critical protections provided by local HROs, including protections from discrimination based on sexual orientation and gender identity, which are not explicit in the FCRA. Many local HROs in Florida extend more broadly than state law in protecting elderly residents, veterans, and victims of domestic violence, for example.
“For many years, local HROs have been essential tools for LGBTQ Floridians to address discrimination in many aspects of life,” said Jon Harris Maurer, Equality Florida’s Public Policy Director. “Sixty percent of Floridians – more than twelve million people – live in cities and counties with local HROs that explicitly prohibit discrimination based on sexual orientation and gender identity. These local protections are LGBTQ Floridians' only recourse because our legislature has failed to enact explicit statewide protections, despite overwhelming public support.”
“Florida’s courts have long recognized the broad authority of local governments to enact HROs protecting the dignity, health, and welfare of their residents,” said Lindsay Nako, Director of Litigation and Training at the Impact Fund. “The trial court’s improper dismissal of the case potentially impacts future enforcement of HROs protecting millions of vulnerable Floridians,” added Julie Wilensky, Senior Staff Attorney at NCLR.
"The Florida Supreme Court decided in 1989 that local governments have the constitutional authority to enact more protective discrimination laws than the one enacted by the State of Florida and that Florida law does not preempt the more protective local law," according to the City of Miami Beach’s First Assistant City Attorney, Robert Rosenwald. Miami Beach filed a separate amicus brief on December 12 with a coalition of more than 20 local governments urging the Appeals Court to reverse the trial court ruling.
The amicus brief of Equality Florida, Impact Fund, and NCLR is supported by a broad coalition of civil rights groups and nonprofit organizations, including the Anti-Defamation League, the ACLU of Florida, Florida National Organization for Women, Florida State Conference of the NAACP, Freedom for All Americans, Lambda Legal, League of Women Voters of Florida, Legal Aid at Work, and Zebra Coalition. The law firm Cohen, Milstein, Sellers & Toll, PLLC is serving as local counsel.
Impact Fund Amicus Briefs Score Two-For-Two With California Supremes
August 16, 2019, In two 7-0 decisions the California Supreme Court has issued decisions in Noel v Thrifty Payless and White v Square that confirm the position of the Impact Fund and its allies.
We’re Two-For-Two In The California Supreme Court
Commenting, Impact Fund executive director, Jocelyn D. Larkin said: “The court’s two unanimous decisions are a welcome shot in the arm for all those seeking justice and underscore the value of our amicus work. The decision in Noel is a victory for class action plaintiffs in California and affirms that the California Supreme Court understands the crucial role that class actions play in ensuring that the rights of ordinary people can be vindicated. The decision in White resolves important questions about enforcement of civil rights laws online and affirms a commitment to full, equal access across the digital frontier.
Summer Grants of $175K support Environmental and Social Justice!
June 4, 2019, Berkeley, CA - The Impact Fund makes six grants totaling $175,000 to support impact litigation being brought by communities seeking justice:
Cancer Alley, Louisiana.
$33,000 to the Center for Biological Diversity, which is championing the rights of communities in Louisiana’s “Cancer Alley” as they challenge an industrial wastewater permit to petrochemical giant, Formosa Plastics. The company’s new plant would emit 28 million tons of pollutants each year affecting the largely low-income, African American residents of St. James Parish. This grant is made possible by supporters of our Just Earth Fund.
$37,000 to Heiltsuk Tribal Council in British Columbia to compensate the people for the decimation of their economy and livelihoods following an oil spill on their territory. The case also aims to strengthen oceans protection and spill regulations for indigenous peoples along the entire B.C. coast. This grant is made possible by supporters of our Just Earth Fund.
$40,000 to counsel representing Chinese immigrant construction workers in a human trafficking/forced labor case in Saipan. It is alleged that the workers were defrauded into paying recruitment fees, forced to work 13 hour days, paid below minimum wage (if at all), had their passports confiscated, and were forced into unsanitary dorms.
$35,000 to counsel representing people in the custody of the Connecticut Department of Corrections who are seeking access to anti-viral medication to cure Hepatitis C.
$10,000 to the North Carolina Justice Center, which is representing around 800 mostly black and Latinx workers who it is alleged suffered wage theft after they were misclassified as independent contractors on a solar farm construction site and forced to pay for their own protective equipment.
$20,000 to Southern Legal Counsel on behalf of homeless people who were arrested and jailed by the city of Ocala in northern Florida for sleeping and resting in public places when there were no alternatives.
Whether it’s the criminalization of homelessness, forced labor, withholding lifesaving medication for people incarcerated, wage theft, or subjecting communities to environmental injustice, the Impact Fund stands in solidarity with those who are seeking justice and vindication of their rights through the courts.
Lawsuit Results in a Fair Chance for Job Seekers
West Contra Costa Unified School District settles hiring case, gives a fair chance to job applicants with prior convictions
(L to R): Daniel Nesbit, Impact Fund, Law Fellow; Lindsay Nako, Impact Fund, Director of Litigation & Training; Tamisha Walker, Plaintiff Safe Return Project, Executive Director; Plaintiff Walter Killian; Rebekah Evenson, Bay Area Legal Aid, Director of Litigation & Advocacy
May 8, 2019 (Richmond, California) - The Safe Return Project and Richmond resident Walter Killian have reached a landmark settlement with West Contra Costa Unified School District that will make important changes to the District's hiring practices and ensure job applicants with prior convictions have a fair chance at employment.
Starting in June 2019, the District will no longer ask about prior convictions on its initial job application. Instead, it will evaluate whether an applicant is qualified for the position before it considers criminal history. The District will also establish a new process for reviewing information about criminal histories, an applicant's rehabilitation, and mitigating circumstances surrounding a prior conviction. Certain criminal convictions will continue to automatically bar employment with the District, but the new policy will help eligible applicants with lesser criminal records.
Read more…
Washington D.C. 04.25.19 - Impact Fund and allies urge Congress to uphold the Johnson Amendment
The Johnson Amendment ensures that tax payers do not fund partisan electioneering. Trump wants to end that.
The Johnson Amendment is the longstanding tax law provision that safeguards the integrity and independence of our nation’s charitable nonprofits, houses of worship, and foundations by ensuring they do not endorse or oppose candidates for public office. The Johnson Amendment protects the right of these organizations to speak out about public policy and social issues while at the same time, ensuring they are not pressured by political candidates and campaigns to take a side in divisive partisan elections.
Unsurprisingly, this ethical and common sense tradition has come under threat from President Trump who has vowed to “totally destroy” it.
Read the full letter here.
Berkeley 03.21.19 - Just Earth Fund Supports Kitimat Residents’ Struggle For Clean Air - New fund for environmental justice litigation extends to Canada
The Rio Tinto smelter in action over Kitimat (photo credit: Sam Beebe, Ecotrust)
“The government’s decision to allow an increase in air pollution from industrial emitters without proper safeguards protective of the human health guaranteed under the Canadian Charter of Rights and Freedoms is nothing short of scandalous,” said Impact Fund Executive Director, Jocelyn Larkin, commenting on the recent grant award of $20,000 from the organization’s Just Earth Fund to support litigation being brought to protect local people.
Since its founding, the Impact Fund has advanced environmental justice through its grantmaking program for impact litigation. That impact is being scaled up by five-fold by a surge in support, to approximately $350,000 over the current year. The maximum grant amount has increased from $25,000 to $50,000 and grassroots organizations in Canada and Mexico are now eligible to apply. The new fund has been named Just Earth.
The Rio Tinto facility at Kitimat is colossal
The grant in the Kitimat case was made to the Pacific Centre for Environmental Law and Litigation, whose executive director Chris Tollefson said: “Our client, Lis Stannus, has been fighting to protect the Kitimat airshed for the benefit of her elementary school students and fellow residents for six years. This generous grant will enable her to continue that fight by allowing her to retain the support of scientific and technical experts as this case finally moves to a hearing on the merits this summer.”
Applications to the Just Earth Fund are now being accepted and will be reviewed on a quarterly basis. The next deadline for Letters of Inquiry is April 9, 2019. Interested grassroots organizations should click here for more information or email the grant program director, Amy Daniewicz. We have created a video and a blog post to provide further information for potential grantees.
“The right of everyone to clean air, clean water, and land that is free from pollutants is one of the core beliefs that guides our grantmaking. With these new funds, we will stand in solidarity with marginalized communities who are often overlooked when it comes to these basic freedoms,” said Larkin.
San Francisco, 03.14.19 – Joyce Vance to Keynote 26th Anniversary Gala as Impact Fund celebrates impact litigation as driver of social justice
Special Guest: Joyce White Vance
Since its inception in 1992, the Impact Fund has helped ordinary people find their voice, stand up to power, and demand justice. Making more than $7M in grants since then, the Impact Fund has funded 667 cases, leading to significant advances in economic, environmental, racial, and social justice. Over the past twenty-six years, the cases supported by the Impact Fund have done everything from saving the Desert Tortoise to reforming the juvenile justice system in Ohio.At the same time, the Impact Fund has itself litigated many social justice impact cases and trained countless advocates to do the same.
Impact Fund Executive Director, Jocelyn Larkin, said: “There can be no justice, without access to justice. The Impact Fund makes that possible for thousands of women, people of color, the LGBTQ community, the poor, and people with disabilities who would otherwise have their voices silenced.”
Joining the Impact Fund as special guest and keynote for its 26th Anniversary Gala is Joyce White Vance. Vance is a Distinguished Professor of the Practice of Law at the University of Alabama’s Hugh F. Culverhouse, Jr. School of Law. She served as the U.S. Attorney for the Northern District of Alabama from 2009 to 2017. President Barack Obama nominated Vance for the position in May 2009 and the Senate unanimously confirmed her in August 2009. She is a frequent legal commentator on MSNBC and other news outlets. She cares deeply about the social justice challenges the Impact Fund addresses and says: “It’s an honor to get to speak at this year’s Impact Fund gala. It’s more important now than ever to ensure access to the courts.”
This year, the Gala--a highlight in the annual calendar of Bay Area legal community fundraisers--takes place on Tuesday, May 7 at the Westin St. Francis, San Francisco, 5:30pm – 8pm. Tickets are limited and are now available at www.impactfund/gala.
“Joyce Vance is a brilliant legal commentator and a voice of calm realism. We’re looking forward to hearing what she has to say in the midst of these turbulent times and delighted that she will be joining us as we recommit to our core values,”continued Larkin, concluding: “Standing in solidarity with communities so that they can have access to the justice system is something worth celebrating.”
OCtober 18, 2018 - Impact Fund Announces New Just Earth Fund For Environmental Justice
-New fund to support the diverse litigation needs of grassroots organizations working for environmental justice.
“We’re scaling up,” said Impact Fund Executive Director, Jocelyn Larkin, adding, “we’re infusing our twenty-five years of experience in supporting strategic litigation with a new vision to build movement infrastructure. By strengthening the capacity of the grassroots to defend underserved communities, we will be able to make significantly more impact in advancing environmental justice.”
Since its founding, the Impact Fund has advanced environmental justice through its grantmaking program for impact litigation. That impact will be magnified five-fold by a surge in support, to approximately $400,000 over the next year. The maximum grant amount will increase from $25,000 to $50,000 and grassroots organizations in Canada and Mexico are also now eligible to apply. The new fund has been named Just Earth.
“We have a track-record of supporting the cases that matter and now we can do more to meet the increased need. In the face of climate change and the rollback of protections, we will be helping to build a resilient movement infrastructure, strengthening grassroots defense capacity,” said Michael Caesar, Chair of the Impact Fund’s grant committee.
Applications are now being accepted and will be reviewed on a quarterly basis. The next deadline for Letters of Inquiry is January 8, 2019. Interested grassroots organizations should click here or email our grant program director, Amy Daniewicz. We have also created a video: and a blog post to provide further information for potential grantees.
“The right of everyone to clean air, clean water, and land that is free from pollutants is one of the core beliefs that guides our grantmaking. With these new funds, we will stand in solidarity with marginalized communities who are often overlooked when it comes to these basic freedoms,” said Larkin.
September 27, 2018 - Human rights leaders: Remove discrimination against Transgender Iowans
- National, state and local leaders sign onto Amicus Brief arguing Iowa Supreme Court’s ruling in Sommers v. Iowa Civil Rights Commission be overturned.
Plaintiffs EerieAnna Good and Carol Beal
Berkeley — Twenty-seven organizations have filed an amicus brief drafted by the Impact Fund in the caseGood v. Iowa Department of Human Services, currently pending in the Iowa Supreme Court. The brief asks the court to consider decades of development in the federal courts confirming that discrimination against transgender individuals based on sex stereotyping or gender nonconformity is unlawful sex discrimination. The case challenges the Iowa Department of Human Services’ administrative regulation prohibiting Medicaid coverage for gender-affirming surgeries.
“The district court held that the regulation violates the equal protection provisions of the Iowa Constitution and the gender identity protections under the Iowa Civil Rights Act. It’s disheartening that full implementation of the Iowa Civil Rights Act has been thwarted by the thirty-five year old ruling by the Iowa Supreme Court in Sommers v. Iowa Civil Rights Commission,”said Lindsay Nako, Director of Litigation and Training at the Impact Fund.
Plaintiffs EerieAnna Good and Carol Beal (represented by ACLU of Iowa and the ACLU LGBT and HIV Project) challenged the Iowa Department of Human Services’ administrative regulation prohibiting Medicaid coverage for gender-affirming surgeries. Both plaintiffs sought coverage for sex reassignment surgeries and were denied, appealed these denials through the administrative process, and then filed cases before the Iowa state district court for Polk County. The plaintiffs challenged DHS’s denial of coverage and the administrative regulation on four grounds, including that the regulation violates the Iowa Civil Right Act’s prohibitions on sex and gender-identity discrimination. The court ruled in favor of the plaintiffs on most of their claims, but held that ICRA’s prohibition on sex discrimination did not protect transgender individuals because of the Iowa Supreme Court’s ruling in the Sommers case.
“We’ve come a long way since 1983,”said Nako, continuing: “The court has the opportunity to recognize the developments in the law since Sommerswas decided and deliver to transgender people the full protection of the Iowa Civil Rights Act.”
For more about the case and photography click here
For a blog about the case click here
For a copy of the amicus brief click here
August 7, 2018: Unprecedented: More than 300 U.S. philanthropic leaders call for removal of citizenship question from 2020 census
National, state and local philanthropies across 38 states and District of Columbia join in unanimous opposition; more than 30 philanthropy-serving organizations also speak out.
"Including a question about citizenship will skew the data and be an obstacle to the effective allocation of public and private funds.” - Jocelyn D. Larkin
Berkeley — Reflecting an unprecedented consensus in philanthropy from local foundations to national grantmaking organizations, 304 philanthropic leaders have called on the Trump administration to withdraw a citizenship question from the 2020 census.
In a public comment letter submitted to the U.S. Commerce Department ahead of an August 7 deadline, the large collection of foundation presidents and chief executives, trustees and others speaking for their organizations said the question would “significantly undermine efforts to achieve a fair and accurate census in 2020.” The letter continues:
We have different funding priorities, are ideologically diverse, and do not always agree with each other. But we wholeheartedly agree that the citizenship question should not be part of the 2020 Census.
A separate letter submitted by United Philanthropy Forum on behalf of 33 regional and national philanthropy-serving organizations added that the thousands of philanthropic members and constituents it represents “are supporting research, education, outreach, and other efforts to help [the Census Bureau] fulfill our mutual goal of a fair and accurate count…. The citizenship question unnecessarily adds to the challenge by increasing the hesitancy of nonprofits and trusted community leaders to encourage participation in the census.”
“The unity of America’s philanthropic community in opposition to having a citizenship question included in the 2020 census is remarkable,” said Jocelyn Larkin, executive director of the Impact Fund. “The purpose of the census is an accurate count, which in turn generates accurate data so that agencies, governmental and non-governmental alike, can optimize resources to serve the public. Including a question about citizenship will skew the data and be an obstacle to the effective allocation of public and private funds.”
The full text of both letters with a complete list of signers can be found at: Philanthropy Leaders’ Letter and Philanthropy-Serving Organizations’ Letter.
May 11, 2018 - Impact FUND and Allies SIGN ON TO LEtter opposing BINDing ARBITRATION CLAUSES of the FARM BILL
Today, we signed onto a letter authored by EarthJustice opposing the binding arbitration clauses in the Farm Bill. The letter to Chairman Pat Roberts of the Senate Agriculture, Nutrition and Forestry Committee and ranking member, Debbie Stabenow, expressed our strong opposition to the inclusion of any language in the draft 2018 Farm Bill legislation which would give the Forest Service forced “binding arbitration” power for challenges to certain final agency actions. Forced binding arbitration eliminates judicial review, thereby eliminating the public’s access to the courts. Such a practice simply has no place in the American justice system. Read the full letter here.
April 4, 2018 - Gina McCarthy to Keynote 25th Anniversary Gala- Impact Fund Celebrates 25 Years of Advancing Social Justice
Keynote, Gina McCarthy, steered President Obama's global warming/climate change initiative.
Twenty-five years ago, Impact Fund founder, Brad Seligman, had a vision to help ordinary people find their voice, stand up to power and demand justice. Making more than $6M in grants since then, the Impact Fund has funded hundreds of cases, leading to significant advances in economic, environmental, racial, and social justice.
Impact Fund Executive Director, Jocelyn Larkin, said: “There can be no justice, without access to justice. The Impact Fund makes that possible for thousands of women, people of color, the LGBT community, the poor, and people with disabilities who would otherwise have their voices silenced.”
Over the past twenty-five years, the cases supported by the Impact Fund have done everything from saving the Desert Tortoise to reforming the juvenile justice system in Ohio.
Joining the Impact Fund as special guest and keynote for the Gala is former EPA Administrator, Gina McCarthy. After being confirmed by the Senate in 2013, Ms. McCarthy became the face of President Obama's global warming/climate change initiative. She served until President Trump installed her replacement, Scott Pruitt. Ms. McCarthy cares deeply about the social justice challenges the Impact Fund addresses and says, "what better time is there to recommit, celebrate, and together turn our hopes into action?"
The environmental theme for the Gala will continue with the honoring of Impact Fund grantee, Leadership Counsel for Justice and Accountability, for its recent success in the case City of Tulare v. Pratt Mutual Water Company and Matheny Tract Committee, bringing clean drinking water to the community of Matheny Tract in the San Joaquin Valley.
This year, the Gala--a highlight in the annual calendar of Bay Area community fundraisers--takes place on Tuesday, May 8 at the Westin St. Francis, San Francisco, 5:30pm – 8pm, and is a favorite for advocates and campaigners for social justice. Tickets are limited and are now available at www.impactfund/gala.
“Gina McCarthy is a champion in the movement and we’re delighted that she will be joining us as we recommit to our core values,” continued Larkin, concluding: “Standing in solidarity with communities so that they can use the courts for the realization of equal treatment under law is something worth celebrating.”
Civil Rights Groups File Amicus Brief As SCOTUS Scrutinizes Workers’ Rights
Washington, D.C., 08.16.17 - To protect the rights of workers, the Impact Fund has teamed up with leading civil rights law firms, the NAACP Legal Defense and Educational Fund, Inc. (“LDF”) and Cohen Milstein, to file an amicus brief on behalf of more than thirty civil rights organizations from across the country in a trio of cases pending in the U.S. Supreme Court.
“What’s at stake is the right of workers to bond together to hold employers accountable for systemic discrimination,” said Impact Fund executive director, Jocelyn Larkin, adding: “There has been a disturbing trend in recent years for employers to evade their responsibilities by requiring those that work for them to waive their legal right to join together with co-workers to challenge discrimination.”
The cases address the question of whether employment agreements that prevent workers from taking “concerted” action to challenge workplace violations conflict with protections in federal labor law. Such agreements undermine the fight for civil rights.
“Workers have to be able to come together to bring disparate impact and pattern or practice claims,” said Raymond Audain, Senior Counsel at LDF and counsel of record on the brief, adding: “In most individual cases, employees are denied access to the information necessary to show widespread discrimination.”
"Had the arbitration clauses at issue before the Supreme Court been in effect before, more than 120 important civil rights cases, listed in this brief, would have never been brought," said Joseph Sellers, chair of the civil rights and employment practice group at Cohen Milstein. Joining the brief are more than thirty non-profits from around the country who use litigation to fight discrimination against racial minorities, women, seniors, people with disabilities, and LGBTQ communities.
The Supreme Court will review the 9th Circuit’s decision involving Ernst & Young and the 7th Circuit’s ruling involving Epic Systems Corp. It will also consider the New Orleans-based 5th Circuit’s judgment enforcing Murphy Oil USA Inc.’s waiver, which was challenged by the National Labor Relations Board. The cases are Epic Systems v. Lewis, 16-285; Ernst & Young v. Morris, 16-300; and NLRB v. Murphy Oil, 16-307.
“If employers can preclude workers from acting together in every forum, they can—and will—effectively extinguish the civil rights claims of the most vulnerable members of the workforce,” concluded Larkin.
Read the full release and see the list of amici here.
Impact Fund Condemns Neo-Nazi Mob In Charlottsville; Empathizes With Victims
Heather Heyer died standing up for what she believed in
Berkeley, CA, 08.14.17 - Over the weekend we watched, with alarming déjà vu, as hundreds of white nationalists from around the country marched on a peaceful community in Virginia, carrying swastikas, torches, using anti-Black, anti-Semitic, and homophobic slurs as they violently attacked counter-protestors. We send our sympathies to the family and friends of Heather Heyer, the 32-year-old woman who was murdered, and at least 19 other people who were injured.
It is important for us to understand as activists, that this current backlash by white nationalists is a direct measure of our successes in local communities around the nation. We will be doubling down in our support of cases that explicitly address racism, environmental justice, civil and human rights, and poverty. We are reminded that white supremacy is (and has always been) a fight at our front doors. Those committed to propagating white nationalism are anti-Black, anti-Semitic, Islamaphobic, misogynist, homophobic, and anti-immigrant. Those who share this agenda will self-declare their support by their tardy and/or ambivalent condemnation of the root cause of the violence.
“Effective responses to this will be grounded in peaceful direct action and broad coalition-building,” said executive director, Jocelyn Larkin.
House Votes To Give Wall Street A Shameless Corporate Handout
Wall Street is beaming
July 25, 2017. U.S. House of Representatives passes H.J. Res. 111, a resolution to repeal the new Consumer Financial Protection Bureau (CFPB) rule to restore consumers’ ability to join together and hold banks and lenders accountable in class action lawsuits when they break the law.
“This is a depressing, but not unexpected outcome,” said Impact Fund Executive Director, Jocelyn Larkin “It’s clear that the majority of the House are there to do the bidding of Wall Street and we now look to the Senate for leadership in standing up for the rights of ordinary people.”
Background:
On July 10, the Consumer Financial Protection Bureau (CFPB) issued a rule to restrict banks and lenders’ use of forced arbitration -- fine-print clauses in contracts for credit cards, bank accounts, and other financial products that prevent people from banding together to challenge fraud by big banks.
The vast majority of Americans don’t even realize they’ve lost their right to sue when they sign a contract with a bank or lender. But these “ripoff clauses” require consumers to submit all disputes to an arbitrator paid by the company against whom they have a complaint in a secret proceeding.
The new rule comes after a three-year study by the CFPB concluded that only 9 percent of consumers who do seek arbitration win any relief, recovering an average of just 12 cents on the dollar. By contrast, companies win 93 percent of their cases and win 98 cents on the dollar.
Wells Fargo, the giant bank that opened millions of fake accounts in its customers’ names without their permission, has relied heavily on forced arbitration to prevent the public from knowing details of its wrongdoing. The vast majority of payday and private student lenders also use forced arbitration, leaving consumers with no viable alternative.
The Congressional Review Act allows Congress to repeal a regulation if both chambers pass a resolution of disapproval and the President signs it. While the House voted to repeal the rule today, the resolution faces an uncertain fate in the Senate.
Rest in Power, Betty Dukes, 1950 -2017
Betty Dukes, June 19, 2001 - the day the landmark class action was filed against Wal-Mart Stores Inc.
Berkeley, July 14, 2017: Sad news... Betty Dukes, the extraordinarily courageous lead plaintiff in Dukes v. Wal-Mart Stores, Inc., passed away earlier this week. She became the face for an estimated 1.5 million women who had worked for Walmart since 1998, making it the largest class-action employment lawsuit in U.S. history. It reached the U.S. Supreme Court in 2011, where the justices, in a 5-4 split, dismissed the suit. "I had the pleasure of knowing her for 16 years and was humbled by her energy, her faith, and her determination. Our entire team is deeply saddened by the loss. Her local newspaper wrote a lovely tribute." - Jocelyn Larkin, Executive Director, The Impact Fund.
Impact Fund Applauds New Rule to Restore Consumers’ Ability to Enforce Rights and Protections in Court
New CFPB rule seeks to balance out the scales
Berkeley, July 10, 2017: Today, the Consumer Financial Protection Bureau (CFPB) finalized its rule to restore consumers’ right to join together in challenging financial fraud and scams in court. The result of five years of careful study and consideration, the rule as proposed would restrict the financial industry’s use of forced arbitration – a tactic Wall Street banks and payday lenders use to block consumers from challenging illegal behavior in court.
Corporate attorneys bury “ripoff clauses” in the fine print of financial contracts to evade public accountability for charges of fraud and lawbreaking by forcing consumers into secret arbitration proceedings rigged in the banks’ favor. These clauses often ban class action lawsuits as well, leaving consumers unable to challenge widespread misconduct since it is often too expensive to pursue small-dollar disputes one-by-one in arbitration. Wells Fargo has repeatedly invoked ripoff clauses in legitimate account contracts to block customers from suing together over fraudulent accounts, and the practice helped the bank hide its misconduct for years.
“Forced arbitration tips the scales of justice to big business. We applaud the new CFPB rule, which protects your right as an American to band together in a class action to stop corporate scams and hold the bad actors accountable." Says Impact Fund Executive Director, Jocelyn D. Larkin.
While the CFPB took a more modest approach rather than banning all forms of forced arbitration, the rule restores consumers’ right to join together in class action lawsuits and returns transparency to individual arbitration by establishing a public record of claims and outcomes. During the public comment period last August, Impact Fund joined with 280 consumer, civil rights, labor, and community groups and more than 100,000 individual consumers across the country to support the proposed rule.
STAFF CHANGES AT IMPACT FUND
Berkeley, 06.30.17 - As often happens when people come to work at the Impact Fund, they are inspired to further their passion and qualify as attorneys to fight for social justice. In this tradition, we say a fond farewell to both Sela Steiger and Zachary McCoy as they leave us to go to law school. We wish them every success! Succeeding them, we welcome Mary Zhou as our new Development & Executive Assistant and Kellye Denson as our new Paralegal.
In other TeamIF news we are also pleased to announce that Teddy Basham-Witherington is being promoted to the newly created role of Deputy Director to strengthen the organization and provide additional support for our Executive Director, Jocelyn Larkin.
For a full team listing and bios click here.
ACTION ALERT: Bill TO EVISCERATE CLASS ACTION REMEDY HEADS TO HOUSE OF REPRESENTATIVES FOR VOTE - CALL YOUR REP!
Call your House Representative - Democrats need shoring up and Republicans need to hear from constituents - voicing your opposition to the bill. The bill severely undermines the enforcement of U.S. civil rights law by making it practically impossible to bring a class action lawsuit. But note that not all Democrats will vote against the bill, nor Republicans for it. Assume nothing, but advocate for a 'no' vote. You can find your House Representative by entering your zip code here.
Civil Rights Class Action Heroes Honored
- Impact Fund Class Action Hall of Fame 2017 Inductees Announced
San Francisco, 02.24.17 – Six civil rights heroes are today being inducted into the Class Action Hall of Fame, lead plaintiffs whose commitment and determination has led to significant advances in economic, environmental, racial and social justice.
The 2017 inductees are:
Jessy Cruz, who stood up to make California’s schools better for everyone’s little brother
Mike Dragovich, who fought for medical coverage for same-sex spouses
Veronica Lewandowski, who fought for equal access to sports for girls
Sylvester McClain, who fought racial discrimination in employment
Julie Reiskin, who fought for access for people with disabilities
Sara Wellens, who fought gender discrimination in the pharmaceutical industry
H.R. 985 will deny access to justice for many and undermine the rule of law
02.14.17 - The Impact Fund submits a letter on behalf of 121 civil rights non-profit organizations and advocates, joined by 87 ally law firms, to oppose H.R. 985 (“Fairness in Class Action Litigation Act of 2017”). The bill severely undermines the enforcement of U.S. civil rights law by making it practically impossible to bring a class action lawsuit.
Recognizing the Champions of Social Justice - Impact Fund Unveils Class Action Hall of Fame
Berkeley, 09.28.16 – The Impact Fund is launching a Class Action Hall of Fame to honor lead plaintiffs whose commitment and determination has led to significant advances in economic, environmental, racial and social justice.
Impact Fund Executive Director, Jocelyn Larkin said: “Since 1966, many ordinary people have put their lives and livelihoods on hold to champion the interests of communities: the poor, women, people with disabilities, and all those marginalized as ‘other’ by the privileged and the powerful. It’s about time they were recognized for their bravery and endurance in the face of overwhelming odds. They are the unsung heroes of our movement.”
To honor this rich history, the Impact Fund will induct a variety of honorees and will, starting in 2017, induct two nominees each year to add to the pantheon of heroes.
“Taking on powerful corporations and government entities is a daunting prospect. The lead plaintiffs have to endure just about every legal stratagem that the wallet of big business can pay for, plus in many cases, years of uncertainty, court appearances and stress. That takes both guts and spirit and we’re happy to recognize both in the criteria we have set,” said Michael Caesar, Chair of the Impact Fund’s Grant Advisory Committee, which will guide the process.
To be eligible, the case in question must be a class action that has advanced economic, environmental, racial, and/or social justice. Additionally, nominees must have demonstrated an uncommon heroism and sacrifice for their cause. Nominees will be screened and the Grant Advisory Committee of the Impact Fund, which makes grants four times a year to support impact litigation, will make selections at its December meeting each year. The full Guidelines and nomination form can be found here.
Nominations for the 2017 inductees, to be announced at the Impact Fund 2017 Class Action Conference in San Francisco, February 23/24, are now open and close October 31, 2016.
“We all remember the Exxon Valdez oil spill and cases like Roe v. Wade, but we have little knowledge about the real people behind the public interest class action lawsuits that have changed American history. It’s time we did something about that,” concluded Larkin.
Justice Is Served! Banner Year for Impact Fund Grant Making; Cumulative grants surpass $6M.
San Francisco, 07.18.16 – The Impact Fund made grants to advance economic, environmental and social justice totaling $323,000 in the year-ended 06.30.16, up 18.5% on the prior year.
“Marginalized communities are standing up and speaking out for justice as never before,” said Jocelyn D. Larkin, Executive Director of the Impact Fund, adding: “we’re seeing a dramatic increase in the number of applications, reflecting this need.“
Starting in 1992, The Impact Fund has played a unique role in making grants and providing broad support of public interest impact litigation: a formula of grants, education and advocacy, making total grants in excess of $6Million.
“Impact Litigation matters,” continued Larkin, citing the kinds of cases the Impact Fund has supported: “It matters to women who have been unfairly passed over for promotion, it matters to foster youth denied mental health services, it matters to low-wage workers not paid for the hours they’ve worked, it matters to Native American communities whose groundwater is poisoned. It matters to everyone whose rights are threatened by profit-obsessed corporations and small-minded government. In other words, impact litigation matters to all of us.
Agreeing, Grant Committee Chair, Michael Caesar said: “It’s an all-too-familiar story of David v. Goliath,” adding, “like a small NGO in Mexico whose three lawyers are standing up to the national government and a multi-national giant, Monsanto. In that case we were happy to provide badly needed funds to protect the livelihoods of peasant farmers and bio-diversity in Mexico.”
Commenting further, Larkin concluded: “Whether it is standing up for proper medical care for prisoners, insisting on clean water for rural communities, or saying “enough” to the use of excessive force on #BlackLivesMatter demonstrators, we continue to create opportunity and magnify justice through the power of impact litigation.”
2015/16 Grants Made. Click here for pdf.
Deepak Gupta Joins Impact Fund Board
06.23.16 – Deepak Gupta, founding principal of Gupta Wessler PLLC, a national appellate and constitutional litigation boutique, has joined the board of the Impact fund.
Impact Fund Executive Director, Jocelyn Larkin said: “Deepak has been a friend of the Impact Fund for some time and his work at Gupta Wessler on behalf of public-interest clients in the U.S. Supreme Court and courts across the country aligns perfectly with our vision for economic, environmental and social justice across our nation. We’re delighted that he is joining us on the board.”
“It really is a great match,” said Deepak Gupta, “Through our work at Gupta Wessler, we’ve focused on making the civil justice system work for those who need it most. I’m excited to help further the Impact Fund’s mission, supporting some of the most innovative impact litigation around the country.”
Mr. Gupta joins twelve other social justice lawyers and advocates who serve on the board of the Impact Fund. A full listing of the board of their respective affiliations can be found here.
A few of Mr. Gupta’s career highlights include:
· Advocating for plaintiffs on access to justice in the U.S. Supreme Court, including on forced arbitration and the class action device.
· Chevron v. Donziger, opposing Chevron’s efforts to collaterally attack an $8.6 billion oil pollution judgment won by indigenous residents of Ecuador’s Amazon rainforest.
· As appellate counsel to Everytown for Gun Safety–the nation’s largest gun-violence-prevention organization–opposing Second Amendment challenges to common-sense gun laws, such as waiting periods and public-carry restrictions.
Mr. Gupta’s full biography can be found here.
In addition to his litigation work, Deepak has testified before the U.S. Senate and the U.S. House of Representatives, appeared on television and radio including CNN, FOX News, ABC’s World News and Good Morning America, and NPR’s All Things Considered and Marketplace, and has been quoted regularly by publications including The New York Times, Washington Post, Los Angeles Times, Wall Street Journal, and USA Today.
“I’m looking forward to spreading the word about the Impact Fund in the progressive community in Washington and beyond, and to plaintiffs’ attorneys across the country,” said Gupta. “We may be looking at a progressive Supreme Court for the first time in several generations. It is critical that we think through the most effective strategies to pursue progressive change through the courts, and the Impact Fund has an essential role in that conversation.”
IMPACT FUND SEEKS LITIGATION FELLOW FOR FALL 2017
05.26.16 - The Impact Fund seeks to sponsor a fellowship candidate for a fellowship beginning in the fall of 2017. The Impact Fund will work with the candidate to apply for funding through the Skadden Foundation, Equal Justice Works, and internally funded law school fellowships. Read more...
Impact Fund Charts Smooth Course For Transition
03.29.16: The Impact Fund announces that Lindsay Nako will start as the organization’s new Director of Litigation and Training at the end of March.
Lindsay Nako was formerly a shareholder at Lewis, Feinberg, Lee & Jackson. She has spent her career representing employees in employment discrimination and employee benefits class actions. She joined the Impact Fund in late 2015 as Special Counsel. Lindsay said: “I will miss litigating side-by-side with Robert, but I am looking forward to the work ahead and am excited for the opportunity to work with the talented team at the Impact Fund.”
The outgoing Litigation Director, Robert Schug, will be relocating to his home state of Minnesota with his family. He will join the Nichols Kaster law firm Minneapolis, where he will represent classes of workers who face discrimination and wage theft. Robert started with the Impact Fund in May 2013. Robert said: “I am thrilled that Lindsay will be taking over as Litigation Director at the Impact Fund. Lindsay’s skills and expertise will allow the organization to continue to represent the rights of workers and fight for social justice. I am grateful to the Impact Fund for a wonderful experience these past three years.”
Impact Fund Executive Director, Jocelyn D. Larkin, said: “We are very happy to have Lindsay Nako as a member of our team. Or course, we are also sad to see Robert leave us and wish him success.”
The Impact Fund, under Robert’s leadership, just hosted the annual Impact Fund Class Action Conference in February, which broke all previous attendance records. Over 180 practitioners attended, sharing their successes and building the movement for class action justice.
Biographical information related to Lindsay, Robert and other Impact Fund staff can be found here.
Annual Conference Highlights Global Adoption and Social Impact of Class Actions
02.23.15 – 190 class action practitioners representing nonprofits and law firms from four nations gathered to share experiences and best practices at the 14th Annual Impact Fund Class Action Conference held in San Francisco, February 18 and 19.
“We heard, again and again, why class actions matter. That same call for justice is now being taken up in Canada, Mexico and the United Kingdom,” said Jocelyn D. Larkin, Executive Director of the Impact Fund.
The conference opened with a panel of experts who shared inspiring class action stories from around the world. Kirk M. Baert from Koskie Minsky in Toronto reported on how class actions in Canada had brought justice, and more than $4.7 billion to the victims of institutional abuse in government-sponsored schools. Leon Kaye from Leon Kaye Solicitors in London described how small investors had joined together to seek restitution from the Royal Bank of Scotland, after the bank had encouraged them to invest shortly before the bank’s collapse in 2008.
The all-too-familiar story of David v. Goliath was repeated by René Sanchez Galindo, whose small NGO with three lawyers is standing up to multi-national giant, Monsanto, to oppose the introduction of genetically modified corn: “We succeeded in getting a restraining order and now await the decision of the court to extend the ban with a temporary injunction. Monsanto has already recognized that GMO corn, if planted commercially, will mix with our native varieties. The evidence, some of it from experts at UC Berkeley, is clear that this will decimate bio-diversity in Mexico.”
Delegates at the conference also heard from a panel of Impact Fund grantees, who spoke about the ongoing battles they are fighting to end the workplace immigration raids of the notorious Sheriff Joe Arpaio and to stop “bad apple” gun dealers from supplying the criminal gun market. “90% of guns used in the commission of a crime are sold by 5% of gun dealers,” explained Jonathan Lowy, Director of the Legal Action Project at the Brady Center to Prevent Gun Violence. The third member of the panel, Kim Tandy, executive director of the Children’s Law Center reported: “a succession of class actions, which we brought and which were aided by funding from the Impact Fund, has brought about the wholesale reform of the juvenile justice system in Ohio.”
A full list of the sessions, presenters and sponsors is here.
SCOTUS steers clear of SANCTIONING CLASS ACTION WHAC-A-Mole
01.20.16 - Justice Ginsburg, joined by J. Breyer, J.Sotomayor, J. Kagan and J. Kennedy, held that an unaccepted offer of judgment does not moot a claim, adopting Justice Kagan's dissent in Genesis Healthcare v. Symczyk. While the named plaintiff's claim was "live," the Court held he or she should have a right to move for certification.
"Because Gomez’s individual claim was not made moot by the expired settlement offer, that claim would retain vitality during the time involved in determining whether the case could proceed on behalf of a class. While a class lacks independent status until certified, see Sosna v. Iowa, 419 U. S. 393, 399 (1975), a would-be class representative with a live claim of her own must be accorded a fair opportunity to show that certification is warranted."
The Court declined to reach the question of whether the answer would be different if the defendant had actually tendered full relief and moved for entry of judgment.
Justice Thomas concurred but relied instead on the common law of tender. He and the dissenters (CJ Roberts, J. Alito, J. Scalia) seem to be preparing for the next case, which will address whether the claim is mooted where the defendant deposits a certified check for the full amount with the Court.
CLASS ACTIONS MATTER: Impact Fund Winter Grants Respond to National Trends of Xenophobia and War on Poor
Berkeley, CA 01.13.16 – The Impact Fund, the nation’s only legal foundation dedicated to advancing the use of impact litigation as a tool to achieve economic, environmental and social justice, has just made grants totaling $119,500 in its winter cycle to fund ten lawsuits to protect the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
“While our mandate is economic, environmental and social justice, this round focuses on the wave of xenophobia grabbing national headlines and the insidious war on the poor and homeless,” said Impact Fund Executive Director, Jocelyn Larkin.
Impact Fund Co-authors Amicus Brief Regarding EEOC's Duty To Conciliate Discrimination Claims Before Filing Suit
November 3, 2014 - The Impact Fund and co-authors Penn State University Dickinson School of Law Civil Rights Appellate Clinic filed an important amicus brief in the United States Supreme Court in EEOC v. Mach Mining, LLC, No. 13-1019, posing the question: “Whether and to what extent a court may enforce the Equal Employment Opportunity Commission’s mandatory duty to conciliate discrimination claims before filing suit.”
Impact Fund Grant Recipient Tackles a Hot Topic in Criminal Law: Criminal Justice Debt
July 24, 2014 – In Lamar County, Texas, indigent defendants are routinely ordered to make pretrial payments toward the cost of appointed counsel without the court first reviewing evidence of the defendants’ ability to make those payments. These orders do not limit pretrial payments to the actual cost to the county of appointed counsel and it appears that defendants regularly make payments to the county in excess of the cost of counsel. Frequently, defendants are charged a second time for the cost of appointed counsel upon conviction...
California Supreme Court Decides Salas, Ayala, and Iskanian
June 2014 - Every year, the Impact Fund files amicus or "friend of the court" briefs in cases affecting impact litigation or civil rights enforcement. In June, the California Supreme Court issued rulings in three important cases in which we filed amicus briefs. The cases are Salas v. Sierra Chemical Co.,Ayala v. Antelope Valley Press, and Iskanian v. CLS Transportation Los Angeles, LLC...
District Court Grants Final Approval of Proposed Settlement in Costco Gender Discrimination Class Action
May 27, 2014 - The district court granted final approval of the parties’ proposed class action settlement. Class members have until July 26, 2014 to file settlement claims. If you are a member of the class and have questions, visit genderclassactionagainstcostco.com or call 1-866-501-2300...
Impact Fund Celebrates 22 years of Advancing Social Justice!
May 18, 2015 - On Wednesday, May 13, 2015 we celebrated our 22nd Anniversary with our friends and supporters, and recognized three very important figures in the fight for social justice...
Impact Fund Celebrates Twenty-One Years of Social Justice Litigation: Organization to Honor Former U.S. Ambassador to Australia, Jeffrey L. Bleich, at Gala Event
May 8, 2014 - Berkeley, CA – The Impact Fund, the nationally recognized foundation that provides support for complex social justice litigation, is celebrating its 21st Anniversary today, May 8, 2014 at the Westin St. Francis Hotel in San Francisco, California...
PRESS RELEASE: Impact Fund Announces Settlement of 12-Year Old Disability Access Class Action Against California Taco Bell Restaurants
April 24, 2014 – On the eve of a trial scheduled for Friday, April 25th in federal court in Oakland, the parties to a disability access class action lawsuit brought against Taco Bell in California have announced a settlement of the long-running case. The action, originally filed in 2002, was brought on behalf of customers who use wheelchairs and scooters; the suit claimed that Taco Bell restaurants did not provide accessible facilities as required by law. The settlement will ensure that Taco Bell restaurants are maintained in compliance with all legal requirements for accessibility.
Impact Fund Co-authors Amicus Brief Addressing the Importance of Class Certification in Actions Involving Low-Wage Workers
April 22, 2014 – The Impact Fund and co-authors Cohen Milstein Sellers & Toll, filed an amicus brief in the Jacob v. Duane Reade wage-and-hour litigation in the Second Circuit Court of Appeals. The brief was filed on behalf of dozens of public interest organizations who represent low-wage workers across the country...
Impact Fund Joins Advocacy Groups Opposing Race-Based Lockdowns in California Prisons
October 2013 - The Impact Fund joined the Equal Justice Society and other advocacy groups in filing an amicus brief in federal court opposing the race-based lockdown policy used in California prisons, saying the practice is unconstitutional because it uses race as a proxy for gang affiliation...
Impact Fund Latest News
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News Release 10.28.24: Impact Fund Makes Grants of $150,000
Berkeley, CA 10.28.24 - The Impact Fund has granted $150,000 in its fall grantmaking cycle to fund seven impact lawsuits. These cases aim to prevent the unlawful detention of immigrants in Pennsylvania, address nitrate pollution in Central California, end forced labor in Colorado prisons, seek accountability for the destruction of a Black neighborhood in Oregon, prevent a highway expansion in Texas, and seek justice for water contamination caused by animal agriculture in Idaho.
“It is as inspiring as ever to know that these grants will advance our goals of building a healthier planet, making the world a more safe and equitable place, and ensuring access to justice for all.,” said Dena Sharp, Chair of the Impact Fund’s Board of Directors.
One grant funds an environmental justice case aiming to prevent water pollution caused by a concentrated animal feeding operation (CAFO) in Idaho.
NEWS Release 07.10.24: IMPACT FUND GRANTS $203,650 TO SUPPORT PUBLIC INTEREST LITIGATION
Berkeley, CA 07.10.24 - The Impact Fund has granted $203,650 in its summer grantmaking cycle to fund nine impact lawsuits. These cases aim to challenge the censorship of books in jails, improve access to transit for people with disabilities, seek accountability for police violence against Indigenous land defenders, prevent the destruction of unhoused peoples’ property, and more.
Dena Sharp, Chair of the Impact Fund’s Board of Directors, said: “These grants provide resources and support for cases across a spectrum of causes, and will help ensure access to justice for a wide range of communities using the legal system to seek fairness and equality.”
One grant funds a case on behalf of Indigenous land defenders from the Wet’suwet’en First Nation in Canada, who have been protesting the construction of a pipeline on their land.
News Release 04.23.24: IMPACT FUND GRANTS $131,500 TO SUPPORT SOCIAL JUSTICE LITIGATION
One grant funds a class action lawsuit that aims to significantly reform Alaska’s foster care system.
Berkeley, CA 04.23.24 – The Impact Fund has granted $131,500 in its spring grant cycle to fund three separate lawsuits. These cases aim to safeguard the rights of foster children in Alaska, halt the discriminatory use of gunfire detection technology in Chicago, and protect Montana consumers from gender and marital status discrimination by insurance companies.
“Our grantees model the highest and best use of our courts: using litigation to expose injustice and give voice to people and communities struggling to be heard. Our litigation grants help to amplify their work and achieve a more just society for us all,” said Impact Fund Executive Director Lindsay Nako.
NEWS Release 02.07.24: IMPACT FUND MAKES GRANTS OF $172,500
Berkeley, CA 02.07.24 – The Impact Fund has made grants totaling $172,500 in its winter cycle to fund six lawsuits. These cases aim to safeguard the rights of children residing in low-income areas of Arizona, farmworkers consistently exposed to substantial pesticide levels, racial justice protesters, Texas residents with disabilities, family members affected by paramilitary death squads in Colombia, and youth fighting for climate justice in Hawaii.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “These grants provide the resources to navigate the complex legal system, ensuring equal access to justice and safeguarding the fundamental rights of individuals and communities.”
One grant funds a multi-plaintiff case against Arizona's school district funding scheme, which is based on property values and disadvantages students attending public schools in low-income districts.
SUMMARY JUDGMENT IN WASATCH AWARDS $4.8M TO SECTION 8 TENANTS
01.31.24 - Judge Mueller of the Eastern District of California recently awarded $4.8 million to a certified class of Section 8 tenants in our ongoing litigation Terry et al. v. Wasatch Advantage Group et al. Plaintiffs moved for summary judgment on the issue, which the Court granted in full. The Court ruled that the Housing Assistance Payment contract unambiguously requires the full return of any excess rent charges and awarded $2.4 million in contract damages and another $2 million in interest as of July 2023.
01.19.24 Impact Fund Hires Lori Rifkin As Litigation Director
The Impact Fund is thrilled to welcome Lori Rifkin as our new Litigation Director. Lori brings two decades of experience litigating individual and class civil rights cases and building greater equity within the legal profession. We look forward to Lori’s contributions to our current cases defending the rights of Section 8 tenants, LGBTQ+ veterans, and SNAP recipients, as well as developing important new cases and amicus advocacy.
01.18.24 Fawn Rajbhandari-Korr Is IMPACT FUND’S New Training Director
The Impact Fund is excited to announce current Senior Counsel Fawn Rajbhandari-Korr as our new Training Director. Fawn brings over a decade of public speaking, training, and litigation experience to our legal training program. While continuing her work on our legal team, Fawn will develop the programming for the Impact Fund’s Class Action Conference, Summer Online Training Series, and Class Action Training Institute, as well as our engaging and interactive trainings for legal nonprofit organizations across California.
NEWS RELEASE 11.07.23 - IMPACT FUND MAKES GRANTS OF $111,500
One case, which encompasses prisoners’ rights, disability rights, access to healthcare, and due process, seeks to ensure that people with severe mental health disabilities receive adequate treatment instead of being forced to remain in jail when they have not been convicted of a crime.
Berkeley, CA 11.07.23 – The Impact Fund has made grants totaling $172,500 in its fall cycle to fund eight lawsuits that protect the rights of individuals threatened by uncaring corporate interests and small-minded government.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “By providing grants that bolster economic, environmental, racial, and social justice, we invest in a future where fairness, sustainability, and equality prevail, empowering communities and individuals to thrive.”
news release 09.21.23: IMPACT FUND AND WESTERN CENTER ON LAW AND POVERTY SECURE MOMENTOUS WIN FOR 40 MILLION SNAP RECIPIENTS
SNAP recipients, represented by Western Center on Law and Poverty and the Impact Fund, filed suit in federal court in San Francisco on September 12, 2023, against the heads of the United States Department of Agriculture (USDA) and the Office of Management and Budget (OMB).
Millions of Americans with low incomes will now receive their food benefits without delay during the first month of a potential federal government shutdown, thanks to the government’s response to a nationwide class action brought by Western Center on Law and Poverty and Impact Fund. The USDA has committed to changing its accounting practice to now guarantee that over 40 million people will receive their SNAP benefits in October, beginning this year and continuing every year moving forward - regardless of a government shutdown.
“Millions of Americans, many of whom are seniors, children, and people with disabilities, will now have a better sense of where their next meal is coming from this October. Food insecurity, lack of access to food, and hunger are preventable, as we saw during the height of the pandemic when policymakers moved swiftly to protect people,” said Lindsay Nako, Director of Litigation and Training at the Impact Fund.
News Release 09.13.23: CLASS ACTION LAWSUIT: 42 MILLION AMERICANS AT RISK OF HUNGER IF FEDERAL GOVERNMENT FAILS TO ACT
SNAP serves low-wage working families, low-income seniors, and people with disabilities living on fixed incomes.
Western Center on Law and Poverty and Impact Fund have filed a class action lawsuit against the United States Department of Agriculture (USDA) and the Office of Management and Budget (OMB) to prevent a delay in providing Supplemental Nutrition Assistance Program (SNAP) benefits to 42 million Americans.
Congress must pass either appropriation bills or a “continuing resolution” to temporarily continue federal funding by September 30th, or else the federal government will shut down.
The lawsuit asserts that the USDA should exercise available strategies to order the continuation of the SNAP benefits, while Congress works on passage of the funding bills.
“Food justice spans economic, environmental, racial, and social justice. Every agency and Congress person must take responsibility and accountability for the 42 million lives in their hands,” said Lindsay Nako, Director of Litigation and Training at The Impact Fund. “This case is about each and every one of the individuals, families, seniors, and people with disabilities who rely on SNAP to survive.”
NEWS RELEASE 08.29.23: JOCELYN LARKIN TO PASS IMPACT FUND BATON TO LINDSAY NAKO
Jocelyn D. Larkin (L) and Lindsay Nako (R)
After more than two decades of tireless service, Impact Fund’s Executive Director, Jocelyn Larkin, announced today that she will step down from her leadership position with the organization next spring: “I am looking ahead with great excitement to the organization’s next leader, Lindsay Nako, who will bring her extraordinary skill, passion, and voice to this new chapter. With grace and determination, she is ready to excel.”
news release 08.08.23 - U.S. VETERANS FILE “JUSTICE FOR LGBTQ+ VETERANS” LAWSUIT AGAINST U.S. DEPARTMENT OF DEFENSE
San Francisco, CA 08.08.23 – A group of LGBTQ+ veterans discharged under the discriminatory “Don’t Ask, Don’t Tell” (“DADT”) and similar earlier policies filed a class action lawsuit today against the U.S. Department of Defense seeking to end ongoing discrimination perpetuated by their discharge papers. The lawsuit, filed in the U.S. District Court for the Northern District of California, seeks the removal of narratives and separation codes that disclose the veteran’s sexual orientation and, when needed, seeks upgraded discharge statuses for tens of thousands of veterans discharged under DADT and its predecessor policies. The Plaintiffs are Sherrill Farrell, Steven Egland, James Gonzales, Jules Sohn, and Lilly Steffanides. The Plaintiffs are represented by the Impact Fund, Legal Aid at Work, and King & Spalding LLP.
NEWS RELEASE 07.25.23 - IMPACT FUND MAKES GRANTS OF $111,500 FOR ECONOMIC, ENVIRONMENTAL, RACIAL, AND SOCIAL JUSTICE
One grant supports an environmental justice case against a private company for unlawfully discharging animal waste into local waterways and over-applying animal manure in crop fields surrounding the Snake River in Grand View, Idaho, which impacts safe drinking water and threatens native fish populations.
Berkeley, CA 07.25.23 – The Impact Fund has made recoverable grants totaling $111,500 in its summer cycle to fund four lawsuits brought on behalf of incarcerated people denied basic and humane mental health services, BIPOC communities harmed by pollution and financial predation, and immigrants held in detention and subjected to commercially exploitative work programs.
“By supporting litigation that safeguards civil liberties and ensures equitable access to a clean and healthy environment, we pave the path towards a more just and sustainable future where the dignity and rights of all are respected,” said Impact Fund Executive Director Jocelyn Larkin.
Berkeley, 07.12.23 - Impact Fund Applauds Confirmation of Kalpana Kotagal as EEOC Commissioner
Kalpana Kotagal, Civil Rights & Employment Attorney
Berkeley, 07.12.23 — The U.S. Senate confirms Cohen Milstein Sellers & Toll PLLC partner Kalpana Kotagal to serve on the U.S. Equal Employment Opportunity Commission.
“We celebrate and applaud the long-overdue confirmation of Kalpana Kotagal to serve as a commissioner of the Equal Employment Opportunity Commission (EEOC) and congratulate her at the happy end to this arduous process. She is a gifted civil rights lawyer and her experience challenging systemic discrimination will serve us all well as she takes up her appointment. She has dedicated her life to representing the most vulnerable communities who have been harmed by discrimination in the workplace and we look forward to seeing how the now-fully staffed commission will work to uphold the civil rights of all in employment,” said Impact Fund Executive Director, Jocelyn Larkin.
BERKELEY, 07.03.23 - Response to 2022 SCOTUS Term Rulings
Berkeley, 07.03.23 - In its 2022 term, which just ended, SCOTUS has given us a blunt reminder of just how much courts matter and sadly why public confidence in the judicial system is at an historic low. ICYMI decisions have included, blocking student loan relief, creating a right to discriminate against LGBTQ people, dealing a death blow to affirmative action, and eviscerating the Clean Water Act. The court set a high bar last year with the reversal of Roe v. Wade but has outdone itself with a volley of decisions that will scar the nation for years to come.
"The term will be most remembered for the decisions of the last couple of days that moved the law in a dramatically conservative direction," said Erwin Chemerinsky, dean of the University of California Berkeley Law School.
Berkeley, CA 05.02.23 – The Impact Fund has made recoverable grants totaling $180,000 in its spring cycle to fund lawsuits brought on behalf of communities threatened by uncaring corporate interests and small-minded government.
One grant funds a multi-plaintiff environmental racism case challenging Caltrans’ approval of a highway interchange expansion project, which would increase truck traffic and industrial development in some of California’s most environmentally burdened communities.
Berkeley, CA 05.02.23 – The Impact Fund has made recoverable grants totaling $180,000 in its spring cycle to fund lawsuits brought on behalf of communities threatened by uncaring corporate interests and small-minded government.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “These grants support cases that ensure that those who are oppressed, regardless of their race, age, or socioeconomic status, have access to a safe and healthy environment and access to due process.”
SARU JAYARAMAN TO KEYNOTE 31ST ANNIVERSARY GALA - Impact Fund celebrates impact litigation as driver of social justice
Berkeley, 04.27.23 – The Impact Fund is delighted to announce that Saru Jayaraman will be the special guest and keynote speaker at its 31st Anniversary Gala on May 16.
Joining Saru Jayaraman will be two Impact Fund grantees, whom the Impact Fund is grateful to acknowledge for their recent successes in court.
The first to be honored is North Carolina Prisoner Legal Services, Inc. for its work in Thomas J. Stamps v. North Carolina Division of Adult Correction, a class action civil rights suit against the North Carolina Division of Adult Correction for its failure to provide adequate screening of and medical treatment for inmates with chronic Hepatitis C infections.
The second of the honorees is Aaron Halegua, PLLC for the firm’s work in Tianming Wang v. Gold Mantis, a human trafficking and forced labor case filed in the federal district court for Saipan—part of a U.S. Commonwealth in the Pacific Ocean.
Impact Fund Executive Director, Jocelyn Larkin, said: “We are excited to extend a warm welcome to our community for "The Path Forward" celebration, where we will pay tribute to trailblazers who have been at the forefront of advocating for justice.”
Berkeley, CA 02.14.23 – The Impact Fund has made recoverable grants totaling $156,250 in its winter cycle to fund five impact lawsuits. These grants underwrite litigation to protect the rights of live-in caregivers in Washington, children in West Virginia’s foster care system, incarcerated individuals with disabilities in Texas, and low-income families in San Francisco’s Bayview community.
One grant funds a case challenging long-practiced policies of concentrating environmental harms and failing to provide open space access to residents of San Francisco’s Bayview neighborhood.
Berkeley, CA 02.14.23 – The Impact Fund has made recoverable grants totaling $156,250 in its winter cycle to fund five impact lawsuits. These grants underwrite litigation to protect the rights of live-in caregivers in Washington, children in West Virginia’s foster care system, incarcerated individuals with disabilities in Texas, and low-income families in San Francisco’s Bayview community.
Catherine Fisk of the Impact Fund’s Grant Advisory Committee, said: “With these grants, we are building a healthier planet and a safer world by standing with communities threatened by uncaring corporate interests and small-minded government.”
11.02.22 – The Impact Fund has made recoverable grants totaling $125,000 in its fall cycle to fund four lawsuits challenging unlawful policies and practices on behalf of Indigenous communities in Mexico, Black Lives Matter demonstrators, low-income people of color in East Boston, and detained immigrants.
One grant funds a case that is seeking a ban on genetically modified corn cultivation in Mexico based on impacts on biodiversity and human rights.
Berkeley, CA 11.02.22 – The Impact Fund has made recoverable grants totaling $125,000 in its fall cycle to fund four lawsuits challenging unlawful policies and practices on behalf of Indigenous communities in Mexico, Black Lives Matter demonstrators, low-income people of color in East Boston, and detained immigrants.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “We’re addressing civil rights, human rights, and environmental justice in this round of grantmaking.”
07.19.22 – The Impact Fund has made recoverable grants totaling $100,000 in its summer cycle to fund three lawsuits that protect the rights of Black Lives Matter protestors and challenge environmental racism and pollution on behalf of Indigenous communities.
Berkeley, CA 07.19.22 – The Impact Fund has made recoverable grants totaling $100,000 in its summer cycle to fund three lawsuits that protect the rights of Black Lives Matter protestors and challenge environmental racism and pollution on behalf of Indigenous communities.
“With these grants, we continue our support for communities challenging environmental contamination and police abuse,” said Impact Fund Executive Director, Jocelyn Larkin.
One grant funds a case that seeks to protect O’ahu’s sacred waters from contamination from the world’s largest underground fuel storage facility.
Letters of inquiry for the Impact Fund’s next grantmaking cycle are due July 19, 2022.
02.10.22: IMPACT FUND MAKES GRANTS OF $92,135 FOR ENVIRONMENTAL & SOCIAL JUSTICE | New Grants to Support Impact Litigation on Behalf of BIPOC Communities, Young Adults, People with Disabilities, Foster Youth, and Low-Income Families.
One grant is for a case that challenges the unmonitored use of psychotropic drugs for the 2,000 children living in Maine’s foster caresystem.
Berkeley, CA 02.10.22 – The Impact Fund has made recoverable grants totaling $92,135 to fund five lawsuits that challenge voter suppression, racism, pollution, and inaccessible services for unhoused individuals with disabilities.
Helen Kang, Chair of the Impact Fund’s Grant Advisory Committee, said: “These communities have earned their day in court, and we’re grateful to do what we can so that justice will prevail.”
Letters of inquiry for the Impact Fund’s next grantmaking cycle are due April 12, 2022.
10.12.21: IMPACT FUND MAKES GRANTS OF $90,500 FOR ENVIRONMENTAL & SOCIAL JUSTICE | New Grants to Support Litigation on Behalf of People with Disabilities; Low-Income, and BIPOC Communities.
One of the grants made was made to Grassy Narrows First Nation in Ontario, Canada, to hold the government responsible for mercury contamination of the English-Wabigoon river system, which has caused catastrophic environmental and health impacts.
Berkeley, CA 10.13.21 – The Impact Fund, the nation’s only charity providing broad support to advance the use of impact litigation as a tool to achieve economic, environmental, racial, and social justice, has just made recoverable grants totaling $90,500 in its fall cycle to fund six lawsuits protecting communities threatened by uncaring corporate interests and small-minded government.
“Since being founded in 1992, the Impact Fund has stood in solidarity with people with disabilities and BIPOC and low-income communities, supporting them in their battles for justice,” said Impact Fund Executive Director, Jocelyn Larkin, adding: “we’re grateful today to renew our commitment to economic, environmental, racial, and social justice.”
03.30.21: IMPACT FUND REACHES $8M MILESTONE IN GRANTMAKING FOR SOCIAL JUSTICE | New Grants to Support Litigation on Behalf of Black Lives Matter Protesters, Native Americans, Homeless People, and Incarcerated People with Disabilities.
San Jose demonstrators were met with brutal and racially targeted repression.
The Impact Fund, the nation’s only charity providing broad support to advance the use of impact litigation as a tool to achieve economic, environmental, racial, and social justice, has just made recoverable grants totaling $55,000 in its spring cycle to fund four lawsuits protecting the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
Since its founding in December 1992, the Impact Fund has made 715 grants and the most recent round pushes the cumulative total to just over $8M.
“When the Impact Fund was founded just over 28 years ago, nobody dreamed that we’d still be here today, stronger than ever,” said Impact Fund Executive Director, Jocelyn Larkin, adding: “The fact that we are proves that impact litigation remains one of the most effective tools to make real social change.”
In its most recent round of grantmaking, the Impact Fund made grants to support four cases, which reflect the broad scope of the issues and communities within the organization’s mission.
A trip to the auto dealer turned into a nightmare for Mr. Ramirez that has gone all the way to the Supreme Court.
Today, the NAACP Legal Defense and Educational Fund, Inc. (LDF) and the Impact Fund filed an amicus brief on behalf of 24 organizations in TransUnion LLC v. Ramirez, a case before the U.S. Supreme Court involving Article III standing for members of certified class actions. LDF and the Impact Fund’s brief addresses a separate issue before the Court regarding the federal rule requiring class action representatives to have legal claims that are “typical” of the claims of the class members. The brief explains why TransUnion’s effort to turn typicality into a tool to protect defendants is at odds with Federal Rule of Civil Procedure 23 and highlights how a ruling in favor of TransUnion would hinder civil rights cases challenging systemic discrimination.
02.11.21: FAIR ACT REINTRODUcED TO coNGRESS - IMPACT FUND STATEMENT
The Impact Fund strongly supports the Forced Arbitration Injustice Repeal (FAIR) Act.
The legislation would ensure that workers, consumers, servicemembers, nursing home residents, ordinary investors, and small businesses harmed by bad actors will be able to bring claims in court and not be forced into private, secretive, corporate-controlled arbitration systems required by nonnegotiable contracts. The legislation would also outlaw class action waivers, restricting the rights of individuals to organize together to pursue collective claims for such things as a pattern of workplace discrimination against women or people of color.
UBER, FOSTER FARMS, TARGETED BY IMPACT FUND GRANTEES IN WINTER FUNDING ROUND - Impact Fund Makes Quarterly Winter Grants of $110,000 to Support Impact Litigation
Berkeley, CA 01.07.21 – The Impact Fund, the nation’s only charity providing broad support to advance the use of impact litigation as a tool to achieve economic, environmental, racial, and social justice, has just made recoverable grants totaling $110,000 in its winter cycle to fund four lawsuits protecting the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
“As we face a slow and uneven recovery from the pandemic, it’s especially important that we remain vigilant against injustice and continue to support low-income and BIPOC communities that suffer,” said Impact Fund Executive Director, Jocelyn Larkin.
UberWAV is a great example of accessibility but only in select locations
Wheelchair users face many obstacles to accessibility; companies that know better should do better. In cities like San Francisco, Uber has an "UberWAV" program that allows users to call a Wheelchair Accessible Vehicle ("WAV"). But Uber has refused to make that program available to users in other cities around the United States - including New Orleans. The ADA requires that transportation companies (which the statute explicitly defines to include "demand responsive systems" like Uber) provide equivalent service to customers with disabilities. The Impact Fund has made a grant to help fund the case being pursued by Stephan Namisnak and Francis Falls, two NOLA residents who use wheelchairs, asking Uber to live up to its legal duties under the ADA.
IMPACT FUND GALA Goes virtual with Jill wine-Banks and honorees
Berkeley, 10.07.20 – The Impact Fund is delighted to announce that Jill Wine-Banks, author of the recently published book, The Watergate Girl, will be the special guest and keynote speaker at its 27th Anniversary Gala on October 21.
Jill is currently an MSNBC Legal Analyst, appearing regularly on primetime and daytime shows. She also served as the Executive Vice President and Chief Operating Officer of the American Bar Association.
For more about Jill Wine-Banks, click here.
Joining her as honorees this year are three Impact Fund grantees:
Children’s Rights, for its work in M.B. v Corsi, a case that protected 13,000 foster children in Missouri from being over-prescribed dangerous psychotropic drugs.
Texas RioGrande Legal Aid, which took serial polluter, Formosa Plastics, to court and won a groundbreaking settlement of $50 million in mitigation payments supporting projects that will help revitalize marine resources, public beaches, and waterways.
Our Children’s Trust, for its landmark climate recovery lawsuit brought against the US Government by 21 youth around the nation.
For more about the honorees, click here.
This year, the Gala—a highlight in the annual calendar of Bay Area legal community fundraisers—is taking place on October 21st, 7pm – 8pm. Preregistration is required. Register by making a donation of any amount here.
IMMIGRATION WOES AND COVID-19 CONCERNS LEAD SUMMER GRANTMAKING - Impact Fund Makes Quarterly Summer Grants of $158,700 to Support Impact Litigation
One of the cases we have funded is seeking to safeguard family-based particular social group asylum claims and protect families that have survived or will face persecution based on their family relationships.
Berkeley, CA 06.16.20 – The Impact Fund, the nation’s only charity providing broad support to advance the use of impact litigation as a tool to achieve economic, environmental, racial, and social justice, has just made recoverable grants totaling $158,700 in its summer cycle to fund six lawsuits to protect the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
“In spite of and indeed because of the economic downturn, we remain as committed as ever to supporting the communities that suffer,” said Impact Fund Executive Director, Jocelyn Larkin.
Among the hardest hit are immigrants, especially those applying for asylum. Two of the cases funded touch on that issue. The first, to Capital Area Immigrant Rights Coalition, is to address the unfair process that has sharply increased under the current administration, which is detaining more immigrants who have family and community ties, and little to no criminal history. The other is to help with an appeal being made by Catholic Legal Immigration Network, Inc., seeking to safeguard family-based particular social group asylum claims and protect families that have survived or will face persecution based on their family relationships.
IMPACT FUND & WESTERN CENTER FILE Class Action Lawsuit Against USDA For Denying Emergency Food Assistance To Californians With Greatest Need - Lawsuit says USDA’s SNAP emergency allotment denials violate the Families First Coronavirus Response Act
“The federal government has a responsibility to make sure people in this country do not go hungry during this pandemic.”
SAN FRANCISCO — The U.S. Department of Agriculture (USDA) is illegally denying emergency food aid to those most in need, according to a federal class action lawsuit filed today in San Francisco. Plaintiffs Robin Hall and Steven Summers represent a proposed class of Californians with the lowest incomes seeking an immediate injunction of USDA guidance that denies them emergency food assistance via the Supplemental Nutrition Assistance Program (SNAP, Calfresh in California). The plaintiffs and the class are represented by Western Center on Law & Poverty and the Impact Fund.
In response to the public health crisis presented by COVID-19, Congress passed the Families First Coronavirus Response Act in March of this year. The Act sought to address rising food insecurity and hunger with significant additional resources for SNAP recipients. Specifically, the Act authorized USDA to issue additional payments to all households currently receiving SNAP benefits, which states must apply for. When California applied for the emergency aid, USDA denied the additional benefits for individuals and families already receiving the regular maximum allotment, or in other words, those with the least income.
IMPACT FUND & WESTERN CENTER DEMAND USDA RESCIND GUIDANCE THAT STRIPS EMERGENCY FOOD ASSISTANCE FROM CALIFORNIANS WITH GREATEST NEED - USDA’S SNAP EMERGENCY ALLOTMENT GUIDANCE GOES AGAINST CONGRESSIONAL INTENT; MAY REQUIRE LEGAL ACTION
“USDA refuses to acknowledge the disproportionate impact this crisis is having on the ability of at-risk families to meet their basic needs,” said Lindsay Nako, Director of Litigation and Training at Impact Fund.
SAN FRANCISCO — Western Center on Law & Poverty and Impact Fund have sent a demand letter to USDA Secretary Sonny Perdue, requesting the Department rescind guidance from March 20th and April 21st of this year regarding implementation of SNAP (aka food stamps) emergency allotments, which Congress provided as part of the Families First Coronavirus Response Act.
The Act is intended to provide emergency allotments of food assistance to eligible low-income households. Emergency assistance is critical for Californians impacted by the COVID-19 health emergency and related stay-at-home orders, as the State and the Nation face increased food expenses and the loss of other food assistance on which residents normally rely.
SPRING GRANTS TARGET CRIMINAL “INJUSTICE” SYSTEMS - Impact Fund Makes Quarterly Spring Grants of $175,000 to Support Impact Litigation
One of the grants is for a class action lawsuit, which claims that the Colorado Department of Corrections (CDOC) has discriminated against transgender women solely on the basis of their gender identity.
Berkeley, CA 03.26.20 – The Impact Fund, the nation’s only legal grantmaking charity dedicated to advancing the use of impact litigation as a tool to achieve economic, environmental, and social justice, has just made grants totaling $175,000 in its spring cycle to fund four lawsuits to protect the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
“We want a more equitable world where everyone can achieve justice, and this round of grantmaking speaks eloquently to that vision,” said Impact Fund Executive Director, Jocelyn Larkin.
Jill Wine-Banks to Keynote 27th Anniversary Gala - Impact Fund celebrates impact litigation as driver of social justice
San Francisco, 02.12.20 – The Impact Fund is delighted to announce that Jill Wine-Banks, author of the soon-to-be-published book, The Watergate Girl, will be the special guest and keynote speaker at its 27th Anniversary Gala on October 6.
Impact Fund Executive Director, Jocelyn Larkin, said:
“Jill Wine-Banks is a brilliant legal commentator and the voice of studied experience, bringing perspective and expert commentary to the nation. We’re looking forward to hearing what she has to say in the midst of these turbulent times and thrilled that she will be joining us as we recommit to our core values.”
Jill’s new book, The Watergate Girl, is to be published 02.25.20
Jill is currently an MSNBC Legal Analyst, appearing regularly on primetime and daytime shows. She also appears on PBS, Canadian and Australian networks, Sirius XM, NPR and other radio shows and podcasts. In addition, Jill has written for the Chicago Tribune, NBC.com, Politico, and Huffington Post. She has also been featured in several documentaries and films, including Academy Award winner Charles Ferguson’s Watergate, or How We Got Control of an Out of Control President, Robert Redford’s All The President’s Men Revisited, ABC 20/20, and Michael Moore’s Farenheit 11/9. She has also served as the Executive Vice President and Chief Operating Officer of the American Bar Association.
Jill cares deeply about the social justice challenges the Impact Fund addresses and says:
“I was raised to believe that I had an obligation to do what I could to make this a better world and have spent much of my life in public service and on issues of civil rights, gender and racial equality, and educational and economic opportunity for all. The Impact Fund's work through public interest litigation inspires me, especially in the current political environment where that work is more necessary than ever in our history.”
This year, the Gala—a highlight in the annual calendar of Bay Area legal community fundraisers—is slated for Tuesday, October 6, at the Westin St. Francis, San Francisco, 5:30pm – 8pm. Tickets are limited and are now available at www.impactfund/gala.
“Jill’s calm, but exciting, style and her trademark pins have become much anticipated on national television,”continued Larkin, concluding: “That she is standing in solidarity with us and communities so that they can have access to the justice system is something worth celebrating.”
Impact Fund, Equality Florida, NCLR Lead Civil Rights Groups Brief in Florida Appeals Court Fight to Protect Local Human Rights Ordinances
DAYTONA BEACH, FL — Today, Equality Florida, Impact Fund, and the National Center for Lesbian Rights led a coalition of Florida civil rights groups and nonprofit organizations in filing an amicus (friend of the court) brief urging Florida’s Fifth District Court of Appeal to reverse a trial court ruling invalidating Orange County’s Human Rights Ordinance (HRO). The case is Yanes v. O C Food and Beverage, LLC.
Anita Yanes and Brittney Smith brought a sex discrimination lawsuit alleging they were denied entrance to Rachel’s Orlando, a club and restaurant in Orange County, FL. The lawsuit alleges that Rachel’s requires women to be accompanied by a male companion, which violates Orange County’s HRO.
The trial court dismissed the case, accepting the defendants’ argument that the Florida Civil Rights Act (FCRA) preempts and prohibits local governments from enacting HROs to protect their communities from discrimination. The amicus brief describes the urgent need to address ongoing discrimination in Florida and the many critical protections provided by local HROs, including protections from discrimination based on sexual orientation and gender identity, which are not explicit in the FCRA. Many local HROs in Florida extend more broadly than state law in protecting elderly residents, veterans, and victims of domestic violence, for example.
“For many years, local HROs have been essential tools for LGBTQ Floridians to address discrimination in many aspects of life,” said Jon Harris Maurer, Equality Florida’s Public Policy Director. “Sixty percent of Floridians – more than twelve million people – live in cities and counties with local HROs that explicitly prohibit discrimination based on sexual orientation and gender identity. These local protections are LGBTQ Floridians' only recourse because our legislature has failed to enact explicit statewide protections, despite overwhelming public support.”
“Florida’s courts have long recognized the broad authority of local governments to enact HROs protecting the dignity, health, and welfare of their residents,” said Lindsay Nako, Director of Litigation and Training at the Impact Fund. “The trial court’s improper dismissal of the case potentially impacts future enforcement of HROs protecting millions of vulnerable Floridians,” added Julie Wilensky, Senior Staff Attorney at NCLR.
"The Florida Supreme Court decided in 1989 that local governments have the constitutional authority to enact more protective discrimination laws than the one enacted by the State of Florida and that Florida law does not preempt the more protective local law," according to the City of Miami Beach’s First Assistant City Attorney, Robert Rosenwald. Miami Beach filed a separate amicus brief on December 12 with a coalition of more than 20 local governments urging the Appeals Court to reverse the trial court ruling.
The amicus brief of Equality Florida, Impact Fund, and NCLR is supported by a broad coalition of civil rights groups and nonprofit organizations, including the Anti-Defamation League, the ACLU of Florida, Florida National Organization for Women, Florida State Conference of the NAACP, Freedom for All Americans, Lambda Legal, League of Women Voters of Florida, Legal Aid at Work, and Zebra Coalition. The law firm Cohen, Milstein, Sellers & Toll, PLLC is serving as local counsel.
Impact Fund Amicus Briefs Score Two-For-Two With California Supremes
August 16, 2019, In two 7-0 decisions the California Supreme Court has issued decisions in Noel v Thrifty Payless and White v Square that confirm the position of the Impact Fund and its allies.
We’re Two-For-Two In The California Supreme Court
Commenting, Impact Fund executive director, Jocelyn D. Larkin said: “The court’s two unanimous decisions are a welcome shot in the arm for all those seeking justice and underscore the value of our amicus work. The decision in Noel is a victory for class action plaintiffs in California and affirms that the California Supreme Court understands the crucial role that class actions play in ensuring that the rights of ordinary people can be vindicated. The decision in White resolves important questions about enforcement of civil rights laws online and affirms a commitment to full, equal access across the digital frontier.
Summer Grants of $175K support Environmental and Social Justice!
June 4, 2019, Berkeley, CA - The Impact Fund makes six grants totaling $175,000 to support impact litigation being brought by communities seeking justice:
Cancer Alley, Louisiana.
$33,000 to the Center for Biological Diversity, which is championing the rights of communities in Louisiana’s “Cancer Alley” as they challenge an industrial wastewater permit to petrochemical giant, Formosa Plastics. The company’s new plant would emit 28 million tons of pollutants each year affecting the largely low-income, African American residents of St. James Parish. This grant is made possible by supporters of our Just Earth Fund.
$37,000 to Heiltsuk Tribal Council in British Columbia to compensate the people for the decimation of their economy and livelihoods following an oil spill on their territory. The case also aims to strengthen oceans protection and spill regulations for indigenous peoples along the entire B.C. coast. This grant is made possible by supporters of our Just Earth Fund.
$40,000 to counsel representing Chinese immigrant construction workers in a human trafficking/forced labor case in Saipan. It is alleged that the workers were defrauded into paying recruitment fees, forced to work 13 hour days, paid below minimum wage (if at all), had their passports confiscated, and were forced into unsanitary dorms.
$35,000 to counsel representing people in the custody of the Connecticut Department of Corrections who are seeking access to anti-viral medication to cure Hepatitis C.
$10,000 to the North Carolina Justice Center, which is representing around 800 mostly black and Latinx workers who it is alleged suffered wage theft after they were misclassified as independent contractors on a solar farm construction site and forced to pay for their own protective equipment.
$20,000 to Southern Legal Counsel on behalf of homeless people who were arrested and jailed by the city of Ocala in northern Florida for sleeping and resting in public places when there were no alternatives.
Whether it’s the criminalization of homelessness, forced labor, withholding lifesaving medication for people incarcerated, wage theft, or subjecting communities to environmental injustice, the Impact Fund stands in solidarity with those who are seeking justice and vindication of their rights through the courts.
Lawsuit Results in a Fair Chance for Job Seekers
West Contra Costa Unified School District settles hiring case, gives a fair chance to job applicants with prior convictions
(L to R): Daniel Nesbit, Impact Fund, Law Fellow; Lindsay Nako, Impact Fund, Director of Litigation & Training; Tamisha Walker, Plaintiff Safe Return Project, Executive Director; Plaintiff Walter Killian; Rebekah Evenson, Bay Area Legal Aid, Director of Litigation & Advocacy
May 8, 2019 (Richmond, California) - The Safe Return Project and Richmond resident Walter Killian have reached a landmark settlement with West Contra Costa Unified School District that will make important changes to the District's hiring practices and ensure job applicants with prior convictions have a fair chance at employment.
Starting in June 2019, the District will no longer ask about prior convictions on its initial job application. Instead, it will evaluate whether an applicant is qualified for the position before it considers criminal history. The District will also establish a new process for reviewing information about criminal histories, an applicant's rehabilitation, and mitigating circumstances surrounding a prior conviction. Certain criminal convictions will continue to automatically bar employment with the District, but the new policy will help eligible applicants with lesser criminal records.
Read more…
Washington D.C. 04.25.19 - Impact Fund and allies urge Congress to uphold the Johnson Amendment
The Johnson Amendment ensures that tax payers do not fund partisan electioneering. Trump wants to end that.
The Johnson Amendment is the longstanding tax law provision that safeguards the integrity and independence of our nation’s charitable nonprofits, houses of worship, and foundations by ensuring they do not endorse or oppose candidates for public office. The Johnson Amendment protects the right of these organizations to speak out about public policy and social issues while at the same time, ensuring they are not pressured by political candidates and campaigns to take a side in divisive partisan elections.
Unsurprisingly, this ethical and common sense tradition has come under threat from President Trump who has vowed to “totally destroy” it.
Read the full letter here.
Berkeley 03.21.19 - Just Earth Fund Supports Kitimat Residents’ Struggle For Clean Air - New fund for environmental justice litigation extends to Canada
The Rio Tinto smelter in action over Kitimat (photo credit: Sam Beebe, Ecotrust)
“The government’s decision to allow an increase in air pollution from industrial emitters without proper safeguards protective of the human health guaranteed under the Canadian Charter of Rights and Freedoms is nothing short of scandalous,” said Impact Fund Executive Director, Jocelyn Larkin, commenting on the recent grant award of $20,000 from the organization’s Just Earth Fund to support litigation being brought to protect local people.
Since its founding, the Impact Fund has advanced environmental justice through its grantmaking program for impact litigation. That impact is being scaled up by five-fold by a surge in support, to approximately $350,000 over the current year. The maximum grant amount has increased from $25,000 to $50,000 and grassroots organizations in Canada and Mexico are now eligible to apply. The new fund has been named Just Earth.
The Rio Tinto facility at Kitimat is colossal
The grant in the Kitimat case was made to the Pacific Centre for Environmental Law and Litigation, whose executive director Chris Tollefson said: “Our client, Lis Stannus, has been fighting to protect the Kitimat airshed for the benefit of her elementary school students and fellow residents for six years. This generous grant will enable her to continue that fight by allowing her to retain the support of scientific and technical experts as this case finally moves to a hearing on the merits this summer.”
Applications to the Just Earth Fund are now being accepted and will be reviewed on a quarterly basis. The next deadline for Letters of Inquiry is April 9, 2019. Interested grassroots organizations should click here for more information or email the grant program director, Amy Daniewicz. We have created a video and a blog post to provide further information for potential grantees.
“The right of everyone to clean air, clean water, and land that is free from pollutants is one of the core beliefs that guides our grantmaking. With these new funds, we will stand in solidarity with marginalized communities who are often overlooked when it comes to these basic freedoms,” said Larkin.
San Francisco, 03.14.19 – Joyce Vance to Keynote 26th Anniversary Gala as Impact Fund celebrates impact litigation as driver of social justice
Special Guest: Joyce White Vance
Since its inception in 1992, the Impact Fund has helped ordinary people find their voice, stand up to power, and demand justice. Making more than $7M in grants since then, the Impact Fund has funded 667 cases, leading to significant advances in economic, environmental, racial, and social justice. Over the past twenty-six years, the cases supported by the Impact Fund have done everything from saving the Desert Tortoise to reforming the juvenile justice system in Ohio.At the same time, the Impact Fund has itself litigated many social justice impact cases and trained countless advocates to do the same.
Impact Fund Executive Director, Jocelyn Larkin, said: “There can be no justice, without access to justice. The Impact Fund makes that possible for thousands of women, people of color, the LGBTQ community, the poor, and people with disabilities who would otherwise have their voices silenced.”
Joining the Impact Fund as special guest and keynote for its 26th Anniversary Gala is Joyce White Vance. Vance is a Distinguished Professor of the Practice of Law at the University of Alabama’s Hugh F. Culverhouse, Jr. School of Law. She served as the U.S. Attorney for the Northern District of Alabama from 2009 to 2017. President Barack Obama nominated Vance for the position in May 2009 and the Senate unanimously confirmed her in August 2009. She is a frequent legal commentator on MSNBC and other news outlets. She cares deeply about the social justice challenges the Impact Fund addresses and says: “It’s an honor to get to speak at this year’s Impact Fund gala. It’s more important now than ever to ensure access to the courts.”
This year, the Gala--a highlight in the annual calendar of Bay Area legal community fundraisers--takes place on Tuesday, May 7 at the Westin St. Francis, San Francisco, 5:30pm – 8pm. Tickets are limited and are now available at www.impactfund/gala.
“Joyce Vance is a brilliant legal commentator and a voice of calm realism. We’re looking forward to hearing what she has to say in the midst of these turbulent times and delighted that she will be joining us as we recommit to our core values,”continued Larkin, concluding: “Standing in solidarity with communities so that they can have access to the justice system is something worth celebrating.”
OCtober 18, 2018 - Impact Fund Announces New Just Earth Fund For Environmental Justice
-New fund to support the diverse litigation needs of grassroots organizations working for environmental justice.
“We’re scaling up,” said Impact Fund Executive Director, Jocelyn Larkin, adding, “we’re infusing our twenty-five years of experience in supporting strategic litigation with a new vision to build movement infrastructure. By strengthening the capacity of the grassroots to defend underserved communities, we will be able to make significantly more impact in advancing environmental justice.”
Since its founding, the Impact Fund has advanced environmental justice through its grantmaking program for impact litigation. That impact will be magnified five-fold by a surge in support, to approximately $400,000 over the next year. The maximum grant amount will increase from $25,000 to $50,000 and grassroots organizations in Canada and Mexico are also now eligible to apply. The new fund has been named Just Earth.
“We have a track-record of supporting the cases that matter and now we can do more to meet the increased need. In the face of climate change and the rollback of protections, we will be helping to build a resilient movement infrastructure, strengthening grassroots defense capacity,” said Michael Caesar, Chair of the Impact Fund’s grant committee.
Applications are now being accepted and will be reviewed on a quarterly basis. The next deadline for Letters of Inquiry is January 8, 2019. Interested grassroots organizations should click here or email our grant program director, Amy Daniewicz. We have also created a video: and a blog post to provide further information for potential grantees.
“The right of everyone to clean air, clean water, and land that is free from pollutants is one of the core beliefs that guides our grantmaking. With these new funds, we will stand in solidarity with marginalized communities who are often overlooked when it comes to these basic freedoms,” said Larkin.
September 27, 2018 - Human rights leaders: Remove discrimination against Transgender Iowans
- National, state and local leaders sign onto Amicus Brief arguing Iowa Supreme Court’s ruling in Sommers v. Iowa Civil Rights Commission be overturned.
Plaintiffs EerieAnna Good and Carol Beal
Berkeley — Twenty-seven organizations have filed an amicus brief drafted by the Impact Fund in the caseGood v. Iowa Department of Human Services, currently pending in the Iowa Supreme Court. The brief asks the court to consider decades of development in the federal courts confirming that discrimination against transgender individuals based on sex stereotyping or gender nonconformity is unlawful sex discrimination. The case challenges the Iowa Department of Human Services’ administrative regulation prohibiting Medicaid coverage for gender-affirming surgeries.
“The district court held that the regulation violates the equal protection provisions of the Iowa Constitution and the gender identity protections under the Iowa Civil Rights Act. It’s disheartening that full implementation of the Iowa Civil Rights Act has been thwarted by the thirty-five year old ruling by the Iowa Supreme Court in Sommers v. Iowa Civil Rights Commission,”said Lindsay Nako, Director of Litigation and Training at the Impact Fund.
Plaintiffs EerieAnna Good and Carol Beal (represented by ACLU of Iowa and the ACLU LGBT and HIV Project) challenged the Iowa Department of Human Services’ administrative regulation prohibiting Medicaid coverage for gender-affirming surgeries. Both plaintiffs sought coverage for sex reassignment surgeries and were denied, appealed these denials through the administrative process, and then filed cases before the Iowa state district court for Polk County. The plaintiffs challenged DHS’s denial of coverage and the administrative regulation on four grounds, including that the regulation violates the Iowa Civil Right Act’s prohibitions on sex and gender-identity discrimination. The court ruled in favor of the plaintiffs on most of their claims, but held that ICRA’s prohibition on sex discrimination did not protect transgender individuals because of the Iowa Supreme Court’s ruling in the Sommers case.
“We’ve come a long way since 1983,”said Nako, continuing: “The court has the opportunity to recognize the developments in the law since Sommerswas decided and deliver to transgender people the full protection of the Iowa Civil Rights Act.”
For more about the case and photography click here
For a blog about the case click here
For a copy of the amicus brief click here
August 7, 2018: Unprecedented: More than 300 U.S. philanthropic leaders call for removal of citizenship question from 2020 census
National, state and local philanthropies across 38 states and District of Columbia join in unanimous opposition; more than 30 philanthropy-serving organizations also speak out.
"Including a question about citizenship will skew the data and be an obstacle to the effective allocation of public and private funds.” - Jocelyn D. Larkin
Berkeley — Reflecting an unprecedented consensus in philanthropy from local foundations to national grantmaking organizations, 304 philanthropic leaders have called on the Trump administration to withdraw a citizenship question from the 2020 census.
In a public comment letter submitted to the U.S. Commerce Department ahead of an August 7 deadline, the large collection of foundation presidents and chief executives, trustees and others speaking for their organizations said the question would “significantly undermine efforts to achieve a fair and accurate census in 2020.” The letter continues:
We have different funding priorities, are ideologically diverse, and do not always agree with each other. But we wholeheartedly agree that the citizenship question should not be part of the 2020 Census.
A separate letter submitted by United Philanthropy Forum on behalf of 33 regional and national philanthropy-serving organizations added that the thousands of philanthropic members and constituents it represents “are supporting research, education, outreach, and other efforts to help [the Census Bureau] fulfill our mutual goal of a fair and accurate count…. The citizenship question unnecessarily adds to the challenge by increasing the hesitancy of nonprofits and trusted community leaders to encourage participation in the census.”
“The unity of America’s philanthropic community in opposition to having a citizenship question included in the 2020 census is remarkable,” said Jocelyn Larkin, executive director of the Impact Fund. “The purpose of the census is an accurate count, which in turn generates accurate data so that agencies, governmental and non-governmental alike, can optimize resources to serve the public. Including a question about citizenship will skew the data and be an obstacle to the effective allocation of public and private funds.”
The full text of both letters with a complete list of signers can be found at: Philanthropy Leaders’ Letter and Philanthropy-Serving Organizations’ Letter.
May 11, 2018 - Impact FUND and Allies SIGN ON TO LEtter opposing BINDing ARBITRATION CLAUSES of the FARM BILL
Today, we signed onto a letter authored by EarthJustice opposing the binding arbitration clauses in the Farm Bill. The letter to Chairman Pat Roberts of the Senate Agriculture, Nutrition and Forestry Committee and ranking member, Debbie Stabenow, expressed our strong opposition to the inclusion of any language in the draft 2018 Farm Bill legislation which would give the Forest Service forced “binding arbitration” power for challenges to certain final agency actions. Forced binding arbitration eliminates judicial review, thereby eliminating the public’s access to the courts. Such a practice simply has no place in the American justice system. Read the full letter here.
April 4, 2018 - Gina McCarthy to Keynote 25th Anniversary Gala- Impact Fund Celebrates 25 Years of Advancing Social Justice
Keynote, Gina McCarthy, steered President Obama's global warming/climate change initiative.
Twenty-five years ago, Impact Fund founder, Brad Seligman, had a vision to help ordinary people find their voice, stand up to power and demand justice. Making more than $6M in grants since then, the Impact Fund has funded hundreds of cases, leading to significant advances in economic, environmental, racial, and social justice.
Impact Fund Executive Director, Jocelyn Larkin, said: “There can be no justice, without access to justice. The Impact Fund makes that possible for thousands of women, people of color, the LGBT community, the poor, and people with disabilities who would otherwise have their voices silenced.”
Over the past twenty-five years, the cases supported by the Impact Fund have done everything from saving the Desert Tortoise to reforming the juvenile justice system in Ohio.
Joining the Impact Fund as special guest and keynote for the Gala is former EPA Administrator, Gina McCarthy. After being confirmed by the Senate in 2013, Ms. McCarthy became the face of President Obama's global warming/climate change initiative. She served until President Trump installed her replacement, Scott Pruitt. Ms. McCarthy cares deeply about the social justice challenges the Impact Fund addresses and says, "what better time is there to recommit, celebrate, and together turn our hopes into action?"
The environmental theme for the Gala will continue with the honoring of Impact Fund grantee, Leadership Counsel for Justice and Accountability, for its recent success in the case City of Tulare v. Pratt Mutual Water Company and Matheny Tract Committee, bringing clean drinking water to the community of Matheny Tract in the San Joaquin Valley.
This year, the Gala--a highlight in the annual calendar of Bay Area community fundraisers--takes place on Tuesday, May 8 at the Westin St. Francis, San Francisco, 5:30pm – 8pm, and is a favorite for advocates and campaigners for social justice. Tickets are limited and are now available at www.impactfund/gala.
“Gina McCarthy is a champion in the movement and we’re delighted that she will be joining us as we recommit to our core values,” continued Larkin, concluding: “Standing in solidarity with communities so that they can use the courts for the realization of equal treatment under law is something worth celebrating.”
Civil Rights Groups File Amicus Brief As SCOTUS Scrutinizes Workers’ Rights
Washington, D.C., 08.16.17 - To protect the rights of workers, the Impact Fund has teamed up with leading civil rights law firms, the NAACP Legal Defense and Educational Fund, Inc. (“LDF”) and Cohen Milstein, to file an amicus brief on behalf of more than thirty civil rights organizations from across the country in a trio of cases pending in the U.S. Supreme Court.
“What’s at stake is the right of workers to bond together to hold employers accountable for systemic discrimination,” said Impact Fund executive director, Jocelyn Larkin, adding: “There has been a disturbing trend in recent years for employers to evade their responsibilities by requiring those that work for them to waive their legal right to join together with co-workers to challenge discrimination.”
The cases address the question of whether employment agreements that prevent workers from taking “concerted” action to challenge workplace violations conflict with protections in federal labor law. Such agreements undermine the fight for civil rights.
“Workers have to be able to come together to bring disparate impact and pattern or practice claims,” said Raymond Audain, Senior Counsel at LDF and counsel of record on the brief, adding: “In most individual cases, employees are denied access to the information necessary to show widespread discrimination.”
"Had the arbitration clauses at issue before the Supreme Court been in effect before, more than 120 important civil rights cases, listed in this brief, would have never been brought," said Joseph Sellers, chair of the civil rights and employment practice group at Cohen Milstein. Joining the brief are more than thirty non-profits from around the country who use litigation to fight discrimination against racial minorities, women, seniors, people with disabilities, and LGBTQ communities.
The Supreme Court will review the 9th Circuit’s decision involving Ernst & Young and the 7th Circuit’s ruling involving Epic Systems Corp. It will also consider the New Orleans-based 5th Circuit’s judgment enforcing Murphy Oil USA Inc.’s waiver, which was challenged by the National Labor Relations Board. The cases are Epic Systems v. Lewis, 16-285; Ernst & Young v. Morris, 16-300; and NLRB v. Murphy Oil, 16-307.
“If employers can preclude workers from acting together in every forum, they can—and will—effectively extinguish the civil rights claims of the most vulnerable members of the workforce,” concluded Larkin.
Read the full release and see the list of amici here.
Impact Fund Condemns Neo-Nazi Mob In Charlottsville; Empathizes With Victims
Heather Heyer died standing up for what she believed in
Berkeley, CA, 08.14.17 - Over the weekend we watched, with alarming déjà vu, as hundreds of white nationalists from around the country marched on a peaceful community in Virginia, carrying swastikas, torches, using anti-Black, anti-Semitic, and homophobic slurs as they violently attacked counter-protestors. We send our sympathies to the family and friends of Heather Heyer, the 32-year-old woman who was murdered, and at least 19 other people who were injured.
It is important for us to understand as activists, that this current backlash by white nationalists is a direct measure of our successes in local communities around the nation. We will be doubling down in our support of cases that explicitly address racism, environmental justice, civil and human rights, and poverty. We are reminded that white supremacy is (and has always been) a fight at our front doors. Those committed to propagating white nationalism are anti-Black, anti-Semitic, Islamaphobic, misogynist, homophobic, and anti-immigrant. Those who share this agenda will self-declare their support by their tardy and/or ambivalent condemnation of the root cause of the violence.
“Effective responses to this will be grounded in peaceful direct action and broad coalition-building,” said executive director, Jocelyn Larkin.
House Votes To Give Wall Street A Shameless Corporate Handout
Wall Street is beaming
July 25, 2017. U.S. House of Representatives passes H.J. Res. 111, a resolution to repeal the new Consumer Financial Protection Bureau (CFPB) rule to restore consumers’ ability to join together and hold banks and lenders accountable in class action lawsuits when they break the law.
“This is a depressing, but not unexpected outcome,” said Impact Fund Executive Director, Jocelyn Larkin “It’s clear that the majority of the House are there to do the bidding of Wall Street and we now look to the Senate for leadership in standing up for the rights of ordinary people.”
Background:
On July 10, the Consumer Financial Protection Bureau (CFPB) issued a rule to restrict banks and lenders’ use of forced arbitration -- fine-print clauses in contracts for credit cards, bank accounts, and other financial products that prevent people from banding together to challenge fraud by big banks.
The vast majority of Americans don’t even realize they’ve lost their right to sue when they sign a contract with a bank or lender. But these “ripoff clauses” require consumers to submit all disputes to an arbitrator paid by the company against whom they have a complaint in a secret proceeding.
The new rule comes after a three-year study by the CFPB concluded that only 9 percent of consumers who do seek arbitration win any relief, recovering an average of just 12 cents on the dollar. By contrast, companies win 93 percent of their cases and win 98 cents on the dollar.
Wells Fargo, the giant bank that opened millions of fake accounts in its customers’ names without their permission, has relied heavily on forced arbitration to prevent the public from knowing details of its wrongdoing. The vast majority of payday and private student lenders also use forced arbitration, leaving consumers with no viable alternative.
The Congressional Review Act allows Congress to repeal a regulation if both chambers pass a resolution of disapproval and the President signs it. While the House voted to repeal the rule today, the resolution faces an uncertain fate in the Senate.
Rest in Power, Betty Dukes, 1950 -2017
Betty Dukes, June 19, 2001 - the day the landmark class action was filed against Wal-Mart Stores Inc.
Berkeley, July 14, 2017: Sad news... Betty Dukes, the extraordinarily courageous lead plaintiff in Dukes v. Wal-Mart Stores, Inc., passed away earlier this week. She became the face for an estimated 1.5 million women who had worked for Walmart since 1998, making it the largest class-action employment lawsuit in U.S. history. It reached the U.S. Supreme Court in 2011, where the justices, in a 5-4 split, dismissed the suit. "I had the pleasure of knowing her for 16 years and was humbled by her energy, her faith, and her determination. Our entire team is deeply saddened by the loss. Her local newspaper wrote a lovely tribute." - Jocelyn Larkin, Executive Director, The Impact Fund.
Impact Fund Applauds New Rule to Restore Consumers’ Ability to Enforce Rights and Protections in Court
New CFPB rule seeks to balance out the scales
Berkeley, July 10, 2017: Today, the Consumer Financial Protection Bureau (CFPB) finalized its rule to restore consumers’ right to join together in challenging financial fraud and scams in court. The result of five years of careful study and consideration, the rule as proposed would restrict the financial industry’s use of forced arbitration – a tactic Wall Street banks and payday lenders use to block consumers from challenging illegal behavior in court.
Corporate attorneys bury “ripoff clauses” in the fine print of financial contracts to evade public accountability for charges of fraud and lawbreaking by forcing consumers into secret arbitration proceedings rigged in the banks’ favor. These clauses often ban class action lawsuits as well, leaving consumers unable to challenge widespread misconduct since it is often too expensive to pursue small-dollar disputes one-by-one in arbitration. Wells Fargo has repeatedly invoked ripoff clauses in legitimate account contracts to block customers from suing together over fraudulent accounts, and the practice helped the bank hide its misconduct for years.
“Forced arbitration tips the scales of justice to big business. We applaud the new CFPB rule, which protects your right as an American to band together in a class action to stop corporate scams and hold the bad actors accountable." Says Impact Fund Executive Director, Jocelyn D. Larkin.
While the CFPB took a more modest approach rather than banning all forms of forced arbitration, the rule restores consumers’ right to join together in class action lawsuits and returns transparency to individual arbitration by establishing a public record of claims and outcomes. During the public comment period last August, Impact Fund joined with 280 consumer, civil rights, labor, and community groups and more than 100,000 individual consumers across the country to support the proposed rule.
STAFF CHANGES AT IMPACT FUND
Berkeley, 06.30.17 - As often happens when people come to work at the Impact Fund, they are inspired to further their passion and qualify as attorneys to fight for social justice. In this tradition, we say a fond farewell to both Sela Steiger and Zachary McCoy as they leave us to go to law school. We wish them every success! Succeeding them, we welcome Mary Zhou as our new Development & Executive Assistant and Kellye Denson as our new Paralegal.
In other TeamIF news we are also pleased to announce that Teddy Basham-Witherington is being promoted to the newly created role of Deputy Director to strengthen the organization and provide additional support for our Executive Director, Jocelyn Larkin.
For a full team listing and bios click here.
ACTION ALERT: Bill TO EVISCERATE CLASS ACTION REMEDY HEADS TO HOUSE OF REPRESENTATIVES FOR VOTE - CALL YOUR REP!
Call your House Representative - Democrats need shoring up and Republicans need to hear from constituents - voicing your opposition to the bill. The bill severely undermines the enforcement of U.S. civil rights law by making it practically impossible to bring a class action lawsuit. But note that not all Democrats will vote against the bill, nor Republicans for it. Assume nothing, but advocate for a 'no' vote. You can find your House Representative by entering your zip code here.
Civil Rights Class Action Heroes Honored
- Impact Fund Class Action Hall of Fame 2017 Inductees Announced
San Francisco, 02.24.17 – Six civil rights heroes are today being inducted into the Class Action Hall of Fame, lead plaintiffs whose commitment and determination has led to significant advances in economic, environmental, racial and social justice.
The 2017 inductees are:
Jessy Cruz, who stood up to make California’s schools better for everyone’s little brother
Mike Dragovich, who fought for medical coverage for same-sex spouses
Veronica Lewandowski, who fought for equal access to sports for girls
Sylvester McClain, who fought racial discrimination in employment
Julie Reiskin, who fought for access for people with disabilities
Sara Wellens, who fought gender discrimination in the pharmaceutical industry
H.R. 985 will deny access to justice for many and undermine the rule of law
02.14.17 - The Impact Fund submits a letter on behalf of 121 civil rights non-profit organizations and advocates, joined by 87 ally law firms, to oppose H.R. 985 (“Fairness in Class Action Litigation Act of 2017”). The bill severely undermines the enforcement of U.S. civil rights law by making it practically impossible to bring a class action lawsuit.
Recognizing the Champions of Social Justice - Impact Fund Unveils Class Action Hall of Fame
Berkeley, 09.28.16 – The Impact Fund is launching a Class Action Hall of Fame to honor lead plaintiffs whose commitment and determination has led to significant advances in economic, environmental, racial and social justice.
Impact Fund Executive Director, Jocelyn Larkin said: “Since 1966, many ordinary people have put their lives and livelihoods on hold to champion the interests of communities: the poor, women, people with disabilities, and all those marginalized as ‘other’ by the privileged and the powerful. It’s about time they were recognized for their bravery and endurance in the face of overwhelming odds. They are the unsung heroes of our movement.”
To honor this rich history, the Impact Fund will induct a variety of honorees and will, starting in 2017, induct two nominees each year to add to the pantheon of heroes.
“Taking on powerful corporations and government entities is a daunting prospect. The lead plaintiffs have to endure just about every legal stratagem that the wallet of big business can pay for, plus in many cases, years of uncertainty, court appearances and stress. That takes both guts and spirit and we’re happy to recognize both in the criteria we have set,” said Michael Caesar, Chair of the Impact Fund’s Grant Advisory Committee, which will guide the process.
To be eligible, the case in question must be a class action that has advanced economic, environmental, racial, and/or social justice. Additionally, nominees must have demonstrated an uncommon heroism and sacrifice for their cause. Nominees will be screened and the Grant Advisory Committee of the Impact Fund, which makes grants four times a year to support impact litigation, will make selections at its December meeting each year. The full Guidelines and nomination form can be found here.
Nominations for the 2017 inductees, to be announced at the Impact Fund 2017 Class Action Conference in San Francisco, February 23/24, are now open and close October 31, 2016.
“We all remember the Exxon Valdez oil spill and cases like Roe v. Wade, but we have little knowledge about the real people behind the public interest class action lawsuits that have changed American history. It’s time we did something about that,” concluded Larkin.
Justice Is Served! Banner Year for Impact Fund Grant Making; Cumulative grants surpass $6M.
San Francisco, 07.18.16 – The Impact Fund made grants to advance economic, environmental and social justice totaling $323,000 in the year-ended 06.30.16, up 18.5% on the prior year.
“Marginalized communities are standing up and speaking out for justice as never before,” said Jocelyn D. Larkin, Executive Director of the Impact Fund, adding: “we’re seeing a dramatic increase in the number of applications, reflecting this need.“
Starting in 1992, The Impact Fund has played a unique role in making grants and providing broad support of public interest impact litigation: a formula of grants, education and advocacy, making total grants in excess of $6Million.
“Impact Litigation matters,” continued Larkin, citing the kinds of cases the Impact Fund has supported: “It matters to women who have been unfairly passed over for promotion, it matters to foster youth denied mental health services, it matters to low-wage workers not paid for the hours they’ve worked, it matters to Native American communities whose groundwater is poisoned. It matters to everyone whose rights are threatened by profit-obsessed corporations and small-minded government. In other words, impact litigation matters to all of us.
Agreeing, Grant Committee Chair, Michael Caesar said: “It’s an all-too-familiar story of David v. Goliath,” adding, “like a small NGO in Mexico whose three lawyers are standing up to the national government and a multi-national giant, Monsanto. In that case we were happy to provide badly needed funds to protect the livelihoods of peasant farmers and bio-diversity in Mexico.”
Commenting further, Larkin concluded: “Whether it is standing up for proper medical care for prisoners, insisting on clean water for rural communities, or saying “enough” to the use of excessive force on #BlackLivesMatter demonstrators, we continue to create opportunity and magnify justice through the power of impact litigation.”
2015/16 Grants Made. Click here for pdf.
Deepak Gupta Joins Impact Fund Board
06.23.16 – Deepak Gupta, founding principal of Gupta Wessler PLLC, a national appellate and constitutional litigation boutique, has joined the board of the Impact fund.
Impact Fund Executive Director, Jocelyn Larkin said: “Deepak has been a friend of the Impact Fund for some time and his work at Gupta Wessler on behalf of public-interest clients in the U.S. Supreme Court and courts across the country aligns perfectly with our vision for economic, environmental and social justice across our nation. We’re delighted that he is joining us on the board.”
“It really is a great match,” said Deepak Gupta, “Through our work at Gupta Wessler, we’ve focused on making the civil justice system work for those who need it most. I’m excited to help further the Impact Fund’s mission, supporting some of the most innovative impact litigation around the country.”
Mr. Gupta joins twelve other social justice lawyers and advocates who serve on the board of the Impact Fund. A full listing of the board of their respective affiliations can be found here.
A few of Mr. Gupta’s career highlights include:
· Advocating for plaintiffs on access to justice in the U.S. Supreme Court, including on forced arbitration and the class action device.
· Chevron v. Donziger, opposing Chevron’s efforts to collaterally attack an $8.6 billion oil pollution judgment won by indigenous residents of Ecuador’s Amazon rainforest.
· As appellate counsel to Everytown for Gun Safety–the nation’s largest gun-violence-prevention organization–opposing Second Amendment challenges to common-sense gun laws, such as waiting periods and public-carry restrictions.
Mr. Gupta’s full biography can be found here.
In addition to his litigation work, Deepak has testified before the U.S. Senate and the U.S. House of Representatives, appeared on television and radio including CNN, FOX News, ABC’s World News and Good Morning America, and NPR’s All Things Considered and Marketplace, and has been quoted regularly by publications including The New York Times, Washington Post, Los Angeles Times, Wall Street Journal, and USA Today.
“I’m looking forward to spreading the word about the Impact Fund in the progressive community in Washington and beyond, and to plaintiffs’ attorneys across the country,” said Gupta. “We may be looking at a progressive Supreme Court for the first time in several generations. It is critical that we think through the most effective strategies to pursue progressive change through the courts, and the Impact Fund has an essential role in that conversation.”
IMPACT FUND SEEKS LITIGATION FELLOW FOR FALL 2017
05.26.16 - The Impact Fund seeks to sponsor a fellowship candidate for a fellowship beginning in the fall of 2017. The Impact Fund will work with the candidate to apply for funding through the Skadden Foundation, Equal Justice Works, and internally funded law school fellowships. Read more...
Impact Fund Charts Smooth Course For Transition
03.29.16: The Impact Fund announces that Lindsay Nako will start as the organization’s new Director of Litigation and Training at the end of March.
Lindsay Nako was formerly a shareholder at Lewis, Feinberg, Lee & Jackson. She has spent her career representing employees in employment discrimination and employee benefits class actions. She joined the Impact Fund in late 2015 as Special Counsel. Lindsay said: “I will miss litigating side-by-side with Robert, but I am looking forward to the work ahead and am excited for the opportunity to work with the talented team at the Impact Fund.”
The outgoing Litigation Director, Robert Schug, will be relocating to his home state of Minnesota with his family. He will join the Nichols Kaster law firm Minneapolis, where he will represent classes of workers who face discrimination and wage theft. Robert started with the Impact Fund in May 2013. Robert said: “I am thrilled that Lindsay will be taking over as Litigation Director at the Impact Fund. Lindsay’s skills and expertise will allow the organization to continue to represent the rights of workers and fight for social justice. I am grateful to the Impact Fund for a wonderful experience these past three years.”
Impact Fund Executive Director, Jocelyn D. Larkin, said: “We are very happy to have Lindsay Nako as a member of our team. Or course, we are also sad to see Robert leave us and wish him success.”
The Impact Fund, under Robert’s leadership, just hosted the annual Impact Fund Class Action Conference in February, which broke all previous attendance records. Over 180 practitioners attended, sharing their successes and building the movement for class action justice.
Biographical information related to Lindsay, Robert and other Impact Fund staff can be found here.
Annual Conference Highlights Global Adoption and Social Impact of Class Actions
02.23.15 – 190 class action practitioners representing nonprofits and law firms from four nations gathered to share experiences and best practices at the 14th Annual Impact Fund Class Action Conference held in San Francisco, February 18 and 19.
“We heard, again and again, why class actions matter. That same call for justice is now being taken up in Canada, Mexico and the United Kingdom,” said Jocelyn D. Larkin, Executive Director of the Impact Fund.
The conference opened with a panel of experts who shared inspiring class action stories from around the world. Kirk M. Baert from Koskie Minsky in Toronto reported on how class actions in Canada had brought justice, and more than $4.7 billion to the victims of institutional abuse in government-sponsored schools. Leon Kaye from Leon Kaye Solicitors in London described how small investors had joined together to seek restitution from the Royal Bank of Scotland, after the bank had encouraged them to invest shortly before the bank’s collapse in 2008.
The all-too-familiar story of David v. Goliath was repeated by René Sanchez Galindo, whose small NGO with three lawyers is standing up to multi-national giant, Monsanto, to oppose the introduction of genetically modified corn: “We succeeded in getting a restraining order and now await the decision of the court to extend the ban with a temporary injunction. Monsanto has already recognized that GMO corn, if planted commercially, will mix with our native varieties. The evidence, some of it from experts at UC Berkeley, is clear that this will decimate bio-diversity in Mexico.”
Delegates at the conference also heard from a panel of Impact Fund grantees, who spoke about the ongoing battles they are fighting to end the workplace immigration raids of the notorious Sheriff Joe Arpaio and to stop “bad apple” gun dealers from supplying the criminal gun market. “90% of guns used in the commission of a crime are sold by 5% of gun dealers,” explained Jonathan Lowy, Director of the Legal Action Project at the Brady Center to Prevent Gun Violence. The third member of the panel, Kim Tandy, executive director of the Children’s Law Center reported: “a succession of class actions, which we brought and which were aided by funding from the Impact Fund, has brought about the wholesale reform of the juvenile justice system in Ohio.”
A full list of the sessions, presenters and sponsors is here.
SCOTUS steers clear of SANCTIONING CLASS ACTION WHAC-A-Mole
01.20.16 - Justice Ginsburg, joined by J. Breyer, J.Sotomayor, J. Kagan and J. Kennedy, held that an unaccepted offer of judgment does not moot a claim, adopting Justice Kagan's dissent in Genesis Healthcare v. Symczyk. While the named plaintiff's claim was "live," the Court held he or she should have a right to move for certification.
"Because Gomez’s individual claim was not made moot by the expired settlement offer, that claim would retain vitality during the time involved in determining whether the case could proceed on behalf of a class. While a class lacks independent status until certified, see Sosna v. Iowa, 419 U. S. 393, 399 (1975), a would-be class representative with a live claim of her own must be accorded a fair opportunity to show that certification is warranted."
The Court declined to reach the question of whether the answer would be different if the defendant had actually tendered full relief and moved for entry of judgment.
Justice Thomas concurred but relied instead on the common law of tender. He and the dissenters (CJ Roberts, J. Alito, J. Scalia) seem to be preparing for the next case, which will address whether the claim is mooted where the defendant deposits a certified check for the full amount with the Court.
CLASS ACTIONS MATTER: Impact Fund Winter Grants Respond to National Trends of Xenophobia and War on Poor
Berkeley, CA 01.13.16 – The Impact Fund, the nation’s only legal foundation dedicated to advancing the use of impact litigation as a tool to achieve economic, environmental and social justice, has just made grants totaling $119,500 in its winter cycle to fund ten lawsuits to protect the rights of marginalized communities threatened by uncaring corporate interests and small-minded government.
“While our mandate is economic, environmental and social justice, this round focuses on the wave of xenophobia grabbing national headlines and the insidious war on the poor and homeless,” said Impact Fund Executive Director, Jocelyn Larkin.
Impact Fund Co-authors Amicus Brief Regarding EEOC's Duty To Conciliate Discrimination Claims Before Filing Suit
November 3, 2014 - The Impact Fund and co-authors Penn State University Dickinson School of Law Civil Rights Appellate Clinic filed an important amicus brief in the United States Supreme Court in EEOC v. Mach Mining, LLC, No. 13-1019, posing the question: “Whether and to what extent a court may enforce the Equal Employment Opportunity Commission’s mandatory duty to conciliate discrimination claims before filing suit.”
Impact Fund Grant Recipient Tackles a Hot Topic in Criminal Law: Criminal Justice Debt
July 24, 2014 – In Lamar County, Texas, indigent defendants are routinely ordered to make pretrial payments toward the cost of appointed counsel without the court first reviewing evidence of the defendants’ ability to make those payments. These orders do not limit pretrial payments to the actual cost to the county of appointed counsel and it appears that defendants regularly make payments to the county in excess of the cost of counsel. Frequently, defendants are charged a second time for the cost of appointed counsel upon conviction...
California Supreme Court Decides Salas, Ayala, and Iskanian
June 2014 - Every year, the Impact Fund files amicus or "friend of the court" briefs in cases affecting impact litigation or civil rights enforcement. In June, the California Supreme Court issued rulings in three important cases in which we filed amicus briefs. The cases are Salas v. Sierra Chemical Co.,Ayala v. Antelope Valley Press, and Iskanian v. CLS Transportation Los Angeles, LLC...
District Court Grants Final Approval of Proposed Settlement in Costco Gender Discrimination Class Action
May 27, 2014 - The district court granted final approval of the parties’ proposed class action settlement. Class members have until July 26, 2014 to file settlement claims. If you are a member of the class and have questions, visit genderclassactionagainstcostco.com or call 1-866-501-2300...
Impact Fund Celebrates 22 years of Advancing Social Justice!
May 18, 2015 - On Wednesday, May 13, 2015 we celebrated our 22nd Anniversary with our friends and supporters, and recognized three very important figures in the fight for social justice...
Impact Fund Celebrates Twenty-One Years of Social Justice Litigation: Organization to Honor Former U.S. Ambassador to Australia, Jeffrey L. Bleich, at Gala Event
May 8, 2014 - Berkeley, CA – The Impact Fund, the nationally recognized foundation that provides support for complex social justice litigation, is celebrating its 21st Anniversary today, May 8, 2014 at the Westin St. Francis Hotel in San Francisco, California...
PRESS RELEASE: Impact Fund Announces Settlement of 12-Year Old Disability Access Class Action Against California Taco Bell Restaurants
April 24, 2014 – On the eve of a trial scheduled for Friday, April 25th in federal court in Oakland, the parties to a disability access class action lawsuit brought against Taco Bell in California have announced a settlement of the long-running case. The action, originally filed in 2002, was brought on behalf of customers who use wheelchairs and scooters; the suit claimed that Taco Bell restaurants did not provide accessible facilities as required by law. The settlement will ensure that Taco Bell restaurants are maintained in compliance with all legal requirements for accessibility.
Impact Fund Co-authors Amicus Brief Addressing the Importance of Class Certification in Actions Involving Low-Wage Workers
April 22, 2014 – The Impact Fund and co-authors Cohen Milstein Sellers & Toll, filed an amicus brief in the Jacob v. Duane Reade wage-and-hour litigation in the Second Circuit Court of Appeals. The brief was filed on behalf of dozens of public interest organizations who represent low-wage workers across the country...
Impact Fund Joins Advocacy Groups Opposing Race-Based Lockdowns in California Prisons
October 2013 - The Impact Fund joined the Equal Justice Society and other advocacy groups in filing an amicus brief in federal court opposing the race-based lockdown policy used in California prisons, saying the practice is unconstitutional because it uses race as a proxy for gang affiliation...