United States Ninth Circuit

In a class action alleging failure to pay overtime brougt by current and former Wells Fargo home mortgage consultants, the District Court's order certifying a class is reversed where the District Court abused its discretion by relying on Defendant's uniform policy of treating its employees as exempt from overtime laws, to the near exclusion of other relevant factors touching on predominance.

Appellate Information

• Argued 02/05/2009
• Decided 07/07/2009
• Published 07/07/2009

Judges

• MILLS, District Judge:, Before:  BARRY G. SILVERMAN and CONSUELO M. CALLAHAN, Circuit Judges, and RICHARD MILLS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Raymond A. Cardozo, Reed Smith, LLP, San Francisco, CA, Piper Hoffman, Otten & Golden, LLP, New York, NY, for the amici.


• For Appellees:
  
• Lindbergh Porter, Jr., Littler Mendelson, P.C., San Francisco, CA, for the defendant-appellant., Arthur W. Lazear (briefed), Hoffman & Lazear, Oakland, CA;  Kevin J. McInerney (argued), McInerney & Jones, Reno, NV, for the plaintiffs-appellees.