In an important appellate victory for six former members of the women’s lacrosse team at Fresno State, the U.S. Court of Appeals for the Ninth Circuit vacated the district court’s orders denying class certification, paving the way for the lawsuit to continue on behalf of all female student-athletes at the university.
First filed in 2021, the lawsuit alleged Fresno State violated Title IX by depriving women of equal opportunities to participate in varsity athletics and equal treatment and benefits. In February 2022, the women sought certification as a class action on behalf of all female student-athletes and/or potential athletes at the school. However, the district court twice denied certification, finding an inherent conflict between athletes who played on different teams.
The Ninth Circuit disagreed, finding the lower court “clearly erred” by holding such a conflict exists as to the equal opportunities claim. The court reached a similar conclusion as to the equal treatment claim, holding the district court erred by failing to analyze it separately.
“Today, the Ninth Circuit opened a door the district court twice tried to slam shut. In a real sense, this order vindicates the brave young women who stood up and demanded that Fresno State provide what Title IX promises—equality,” said BG partner Joshua I. Hammack, who briefed and argued the appeal. “The court confirmed that those who seek equality are not in conflict with those who stand to benefit from it. The fight isn’t over, of course, but today is an important step toward justice.”
In addition to Hammack, the Plaintiffs are represented by lead counsel and Title IX team leader Arthur Bryant, and partners Cary Joshi and Lori Bullock of Bailey Glasser, and Cynthia Chapman, Mike Caddell, and Amy Tabor of Caddell & Chapman.
To read the full press release and Ninth Circuit opinion, please visit here.
Ms. Magazine profiles our recent Title IX lawsuit against the University of Oregon on behalf of 32 women student-athletes from the women’s varsity beach volleyball and women’s club rowing teams. “I love the University of Oregon, but this hurtful, outrageous sex discrimination has to stop,” said Ashley Schroeder, student-athlete and lead plaintiff of the December 1, 2023 lawsuit against Oregon alleging sex discrimination in athletic participation opportunities, financial aid, and benefits and publicity.
Bailey Glasser’s lawsuit against the University of Oregon is front page news at sports publication Deadspin: “Oregon Just Got Hit With a Title IX Lawsuit and the Allegations are Rough.” 
, Bailey Glasser partner and Title IX team leader, was interviewed by On3NIL regarding a University of Utah-focused NIL collective team deal that provided all 85 scholarship football players – and no women athletes – new Dodge pickup trucks. “It appears to be a flagrant, stunningly obvious violation of Title IX that could cost the school millions of dollars,” Bryant told On3.
In the case’s second key ruling in the past month, a federal judge held that all of the female student-athletes who filed the precedent-setting Title IX sex discrimination class action against San Diego State University can sue the school for retaliating against them for asserting their rights.
“The only thing that works is women being willing to fight,” said 
Bailey Glasser’s Title IX team and the women’s club lacrosse team at Florida State University won a major victory against sex discrimination and a history-making settlement today. To avoid a class action lawsuit, FSU agreed to add a varsity women’s lacrosse team, develop a gender equity plan, and bring its intercollegiate athletics program into compliance with Title IX.