In line with the holdings from the Fifth and DC Circuits, the Ninth Circuit held in Moser v. Benefytt, Inc., that the time to challenge a court’s personal jurisdiction over the claims of absent class members is when a plaintiff moves to certify a class.
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In our
prior post, we noted that the Sixth Circuit seldom grants
motions to certify questions of state law. And even though
the circuit grants less than 20% of such motions, the questions
still have to be accepted by the state supreme court. But the
certification process is often a rough road.
No recent case better exemplifies those difficulties
than
Lindenberg v. Jackson Nat l Life Ins. Co.,
912 F.3d 348 (6th Cir. 2018), which held that Tennessee s
statutory cap on punitive damages violates the state
constitution. The district court had actually granted
A district court in the Fifth Circuit granted conditional certification under the Fair Labor Standards Act ("FLSA") to a class of allegedly misclassified truck drivers, analyzing certification using the widely used.
In Short
The Situation: A district court in the Fifth Circuit granted conditional certification under the Fair Labor Standards Act ( FLSA ) to a class of allegedly misclassified truck drivers, analyzing certification using the widely used and rarely reviewed two-step
Lusardi approach. However, the court
sua sponte certified its decision for interlocutory appeal given the inconsistencies in how district courts have evaluated collective action treatment under the FLSA.
The Result: On review, the Fifth Circuit rejected the two-step
Lusardi approach to evaluating collective action certification, holding instead that district courts must rigorously scrutinize the realm of similarly situated workers … at the outset of the case[.]