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 […]
The Alaska Supreme Court has affirmed most of the trial court’s decisions in an AWHA class action. Given that I represent the employee class, I’ll try to keep this entry brief and neutral.
Air Logistics of Alaska, Inc. (AirLog) provides helicopter services to various companies, including Alyeska Pipeline Service Company. It contracted to pay its remote employees for […]
The Court of Appeals this morning amended its earlier affirmance of class certification in Dukes v. WalMart, but the result is still 2-1 in favor of certification.
Update: Paul Mollica analyzes the changes in this entry at Developments in EEO Law.
Yesterday’s Wall Street Journal (09/25/07 WSJ, A-18) carried an op-ed piece by Yeshiva University Law School professor Lester Brickman that publicizes a request for a Formal Opinion from the American Bar Association concerning plaintiff counsel’s negotiation with defendants for direct payment of plaintiff’s fees.
The request comes from 20 law school faculty members who apparently are experts […]
The pilots of Hageland Aviation Services, Inc. sued both Hageland Aviation and (later) three officer/shareholders for unpaid overtime compensation under the Alaska Wage and Hour Act. Judge Peter Michalski certified a class, and entered summary judgment against defendants on their principal defenses - (1) preemption under the federal Airline Deregulation Act; and (2) exemption under AS 23.10.060(d)(19)(re “flight […]
Sitting in the Eastern District of California, Judge Ralph Beistline approved settlement of state-law claims of defects in Volvo’s electronic throttle, introduced in 1999. Trew v. Volvo Cars of No. Amer., LLC, S-05-1379 RRB (E.D.Cal. July 31, 2007)(Document 104).
Beistline certified a nationwide settlement class, and, overruling objections from class members, held: 1) the settlement provides significant relief not […]
