Matt Luiken v. Domino's Pizza, LLC
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BENTON, Circuit Judge.
The district court certified a Rule 23(b)(3) class of about 1,600 Minnesota delivery drivers employed by Domino’s Pizza LLC between March 6, 2006, and February 28, 2010. The drivers allege that, under Minnesota law, a fixed delivery charge that customers paid Domino’s was a gratuity wrongfully withheld from them. This court granted an interlocutory appeal and now reverses the class certification.
I
In 2005, Domino’s implemented a flat $1 per-delivery charge (raised to $1.50 in 2008) in Minnesota. The drivers received no portion of it. Some explained this to customers,…
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