United States Ninth Circuit
McElmurry v. US Bank Nat'l Ass'n, 05-36047, 05-76425
In a wage dispute brought by a bank's employees, an interlocutory appeal of a denial of plaintiffs' motion to issue notice of a collective action brought under section 16(b) of the Fair Labor Standards Act (FLSA) is dismissed as the collateral order exception to the final judgment rule was inapplicable here because the district court's order was not "effectively unreviewable on appeal from a final judgment."
Appellate Information
- Argued 02/05/2007
- Decided 08/08/2007
- Published 08/08/2007
Judges
- BYBEE, Circuit Judge:, Before: D.W. NELSON, ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Jacqueline L. Koch, Koch & Deering, Portland, OR, for the petitioners.
- For Appellees:
- Timothy R. Volpert and Christopher McCracken, Davis Wright Tremaine LLP, Portland, OR, for the respondent.