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Second Circuit – Class Certification: Roach v. T.L. Cannon Corp.
By: Daily Record Staff//February 17, 2015
Second Circuit – Class Certification: Roach v. T.L. Cannon Corp.
By: Daily Record Staff//February 17, 2015//
Listen to this articleU.S. Court of Appeals for the Second Circuit – Class Certification – Damages – Class-wide Basis
Roach v. T.L. Cannon Corp.
13-3070
Judges Jacobs, Droney and Kaplan
Background: The plaintiffs appealed from an order the denying class certification. The plaintiffs are four employees of Applebee’s restaurants who brought actions under the Fair Labor Standards Act. They alleged that the defendant had a policy of not paying hourly employees an extra hour of pay when working a 10-hour work day. The district court denied certification for both of plaintiffs’ claims holding that they failed to offer a damages model susceptible of measurement across the entire class.
Ruling: The Second Circuit vacated. The court held that Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) does not require that damages be measurable on a class-wide basis for certification.
Scott Michelman of Public Citizen Litigation Group for the plaintiffs-appellants; Craig R. Benson of Littler Mendelson for the defendants-respondents
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
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- Split court affirms gun conviction, finding search and arrest were legal
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