A law book with a gavel – Class action. (Credit: Boris Zerwann/Adobe Stock) 'A Rigorous Analysis Requires More': 10th Circ. Vacates FLSA Class Certification, Finding District Court Abuse Its Discretion
"The district court should carefully examine what facts are required to prove plaintiffs' claims and then determine whether plaintiffs have shown that they could establish those facts through common evidence. It would be inappropriate for us to conduct that analysis in the first instance," Tenth Circuit Judge Harris L. Hartz wrote.
October 05, 2023 at 10:55 AM
5 minute read
The U.S. Court of Appeals for the Tenth Circuit reversed a district court's denial of a motion to compel arbitration and vacated the court's certification of the Rule 23 class in a collective action brought under the Fair Labor Standards Act.
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