Assistant Managers of Wal-Mart stores sued for unpaid overtime. The trial court denied certification under both Rule 23(b)(2) and (3). On interlocutory appeal, the 9th Circuit found no abuse of discretion as to Rule 23(b)(3), but held that the trial court erred as to Rule 23(b)(2). Under 9th Circuit precedent (vs. 5th Circuit), the non-incidental nature […]
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