Legal Opinion
In Re Wells Fargo Home Mortg. Overtime Pay Lit.
Court of Appeals for the Ninth Circuit
Decided July 7, 2009No. 08-15355PublishedCited by 131 opinions
1Opinion of the Court
MILLS, District Judge:
This interlocutory appeal challenges a district court order certifying a group of California plaintiffs as a class. 1
The dispute is whether the court abused its discretion in finding that the predominance requirement of Federal Rule of Civil Procedure 23(b)(3) was satisfied, based — in large part — on an employer’s internal policy of treating its employees as exempt from overtime laws.
While such uniform exemption policies are relevant to the Rule 23(b)(3) analysis, we hold that it is an abuse of discretion to rely on such policies to the near exclusion of other relevant…
2Cases cited14 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Hanlon v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 1998
- Valentino v. Carter-Wallace, Inc.Court of Appeals for the Ninth Circuit · 1996
- Waste Management Holdings, Inc. v. MowbrayCourt of Appeals for the First Circuit · 2000
9 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- Myers v. Hertz Corp.Court of Appeals for the Second Circuit · 2010
- Glatt v. Fox Searchlight Pictures, Inc.Court of Appeals for the Second Circuit · 2015
- Stearns v. Ticketmaster Corp.Court of Appeals for the Ninth Circuit · 2011
- Sali ex rel. Themselves v. Corona Reg'l Med. Ctr.Court of Appeals for the Ninth Circuit · 2018
- Muhammed Abdullah v. U.S. Security Associates, Inc.Court of Appeals for the Ninth Circuit · 2013
126 more not listed; retrieve them via the Exa API.