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10th Circuit Rules on Class Action to Compel Creation of Girls-Only High School Football Team

By Maricris Prendingue, Andrew Gann & Farnaz Farkish Thompson on January 12, 2023
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On Jan. 4, the 10th U.S. Circuit Court of Appeals made an important ruling in a Title IX class action seeking to compel creation of a girls-only high school football team.

Read on for details about this case, which highlights the gravity of precisely applying the standard of commonality of interest and demonstrates that a mere showing of advantage based on gender may be insufficient to support an equal protection clause claim of gender discrimination.

Photo of Maricris Prendingue Maricris Prendingue

Maricris (Cris) focuses her practice on representing corporate and individual clients in complex commercial trial and appellate litigation in both state and federal courts. She has defended educational institutions in complex civil rights litigation.

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Photo of Andrew Gann Andrew Gann

Drew is a co-leader of McGuireWoods’ Crisis Management & Incident Response Practice Group. He represents companies in class actions, mass torts, and high-stakes commercial litigation—particularly when regulatory scrutiny, reputational risk, and catastrophic loss converge. He brings deep experience guiding clients through multidistrict litigation…

Drew is a co-leader of McGuireWoods’ Crisis Management & Incident Response Practice Group. He represents companies in class actions, mass torts, and high-stakes commercial litigation—particularly when regulatory scrutiny, reputational risk, and catastrophic loss converge. He brings deep experience guiding clients through multidistrict litigation, punitive damages exposure, and investigations by federal and state regulators, including the National Transportation Safety Board (NTSB), the U.S. Department of Transportation (DOT), the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Consumer Product Safety Commission (CPSC), public utility commissions, and state attorneys general.

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Photo of Farnaz Farkish Thompson Farnaz Farkish Thompson

Co-leader of McGuireWoods’ Education Industry Team and Higher Education Practice Group, Farnaz has extensive experience representing corporations and institutions of higher education in high-profile litigation and government investigations. She is a trusted advisor with a keen eye for due diligence in education-related transactions…

Co-leader of McGuireWoods’ Education Industry Team and Higher Education Practice Group, Farnaz has extensive experience representing corporations and institutions of higher education in high-profile litigation and government investigations. She is a trusted advisor with a keen eye for due diligence in education-related transactions, including those within the edtech sector.

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  • Posted in:
    Government and Public Policy
  • Blog:
    Class Action Countermeasures
  • Organization:
    McGuireWoods LLP

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