United States Ninth Circuit

In a new opinion following remand from the U.S. Supreme Court for reconsideration in light of in light of Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), in an action in which plaintiffs allege violations of the federal Fair Labor Standards Act (FLSA), California’s Unfair Business Practices Law, and the California Labor Code, the district court's certification of the FLSA claim as a collective action and the state-law claims as a class action, is: 1) reversed as to the district court's class certification under Fed. R. Civ. P. 23(b)(2) for purposes of monetary relief; 2) vacated and remanded in part, as to the findings of commonality and predominance; and 3) vacated and remanded in part, for reconsideration of class certification under Rule 23(b)(2) for purposes of injunctive relief.

Appellate Information

• Decided 09/03/2013
• Published 09/03/2013

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel