Ryan DeKeyser v. Thyssenkrupp Waupaca, Incorpor

Before us on appeal is a district court order granting Rule 23 class certification for Wisconsin opt-ins at four Waupaca foundries located within the Eastern District of Wisconsin and partially granting the defendant’s motion to decertify the FLSA class for opt-ins outside Wisconsin. I write separately for two reasons. First, I reiterate my concerns about permitting class certification in this case, and to examine the plaintiffs’ legal theory which enables the Wisconsin claims to move forward on a class-wide basis. Second, I would like to caution against overreading today’s majority as an…