In an action seeking compensation for defendant’s alleged denial of employees’ meal breaks, denial of class certification is reversed where the district court abused its discretion when it assumed, for the purpose of Fed. R. Civ. P. 23 certification analysis and without any separate inquiry into the merits, that plaintiffs’ legal theory would fail.
Read United Steel, Paper & Forestry Int’l. Union v. ConocoPhillips Co., No. 09-56578
Appellate Information
Argued and Submitted November 4, 2009
Filed January 6, 2010
Judges
Opinion by Judge Bybee
Counsel
For Appellants:
Anne Richardson, Hadsell, Stormer, Keeny, Richardson & Renick, LLP, Pasadena, CA
For Appellee:
Rex S. Heinke, Akin Gump Strauss Hauer & Feld, LLP, Los Angeles, CA
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