191514P.pdf   03/24/2020  Quinton Harris  v.  Union Pacific Railroad Company
   U.S. Court of Appeals Case No:  19-1514
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Before Gruender, Author, with Kelly and Erickson, Circuit 
   Judges] 
   Civil case - Class Actions. The district court abused its discretion in 
   finding that plaintiffs met the Rule 23(b)2) and (b)(3) requirements and 
   in certifying a class of all employees who have been or will be subject to 
   fitness-for-duty evaluation because of a reportable health event from 
   September, 2014 until the end of the class; the individualized inquiries 
   cannot be addressed in a manner consistent with Rule 23; both the text of 
   the ADA and the record demonstrate that the district court would be 
   required to consider the unique circumstances of each position in question 
   to determine whether the company's policy was unlawfully discriminatory; 
   this inherently individualized process defeats both the predominance and 
   cohesiveness requirements of Rule 23. Judge Kelly, concurring.