Legal Opinion

Wang v. Chinese Daily News, Inc.

Court of Appeals for the Ninth Circuit

Decided September 27, 2010No. 08-55483, 08-56740PublishedCited by 45 opinions

1Opinion of the Court

OPINION

W. FLETCHER, Circuit Judge:

Chinese Daily News, Inc. (“CDN”), a Chinese-language newspaper, appeals the district court’s judgment in an action brought by some of its California-based employees under the federal Fair Labor Standards Act (“FLSA”) and under California law. The district court certified the FLSA claim as a collective action. It cer tified the state-law claims as a class action under Rule 28(b)(2) and, alternatively, under Rule 23(b)(3). In the state-law class action, it provided for notice and opt out, but subsequently invalidated the opt outs. It granted partial summary…

2Cases cited49 opinions

  1. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  2. Hoffmann-La Roche Inc. v. SperlingSupreme Court of the United States · 1990
  3. Hanlon v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 1998
  4. George Acri v. Varian Associates, Inc.Court of Appeals for the Ninth Circuit · 1997
  5. Gulf Oil Co. v. BernardSupreme Court of the United States · 1981

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3Cited by45 opinions

  1. Shahriar v. Smith & Wollensky Restaurant Group, Inc.Court of Appeals for the Second Circuit · 2011
  2. Lynne Wang v. Chinese Daily News, Inc.Court of Appeals for the Ninth Circuit · 2013
  3. Ervin v. OS Restaurant Services, Inc.Court of Appeals for the Seventh Circuit · 2011
  4. O'Connor v. Uber Technologies, Inc.District Court, N.D. California · 2016
  5. Knepper v. Rite Aid Corp.Court of Appeals for the Third Circuit · 2012

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