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EAST ST. LOUIS – Chief U.S. District Judge Nancy Rosenstengel denied certification of a national class alleging that Jimmy John’s restaurants suppressed wages through a ban on taking jobs at other Jimmy John’s locations.
She posted her decision on the docket on July 23, and sealed the order, giving the parties seven days to submit a joint redacted version.
The class would have included about 600,000 persons at about 2,800 locations.
Thirteen lawyers represent plaintiff Donald Conrad, nine from California.
Eight California lawyers and Russell Scott of Belleville represent Jimmy John’s.
Jimmy John’s dropped its “no poaching” rule nationwide in 2018, under threat of antitrust prosecution in Washington State.
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EAST ST. LOUIS – Economist Hal Singer spoiled his research in a potential class action for Jimmy John’s restaurant employees by mixing hourly and daily wages, Chief U.S. District Judge Nancy Rosenstengel ruled on Feb. 16.
Rosenstengel excluded a report Singer wrote for plaintiff Donald Conrad and she denied motions to exclude defense experts who challenged the report.
She found a wage discrepancy made Singer’s statistical regressions unreliable.
“This error is material,” she wrote. “Comparing inflated estimates of average wages leads to inflated estimates of impact.”
Thirteen lawyers represent Conrad, who proposes to lead a class action for about 600,000 employees at about 2,800 Jimmy John’s locations from 2014 to 2018.
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