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Dukesing It Out: Tighter Post-Dukes Standard Helps Defeat Request For Class and Collective Action Certification

Posted in Conditional Certification, Discovery, Rule 23 Certification, State Laws/Claims

Co-authored by:  Jeremy W. Stewart and Kyle Petersen

On January 10, 2013, U.S. District Judge Barbara Crabb of the United States District Court for the Western District of Wisconsin issued an order denying the plaintiffs’ motion for class and collective action certification of unpaid meal period claims in Boelk, et al. v. AT&T Teleholdings, Inc., et al., No. 3:12-cv-0040-bbc … Continue Reading

Pre-Certification Communications Permitted

Posted in Discovery

Authored by Mary Ahrens

In Winans, et al. v. Starbucks Corp., Case No. 08-3734 (S.D.N.Y. Dec. 15, 2010), a group of assistant store managers, brought a potential class action against Starbucks, claiming that they were wrongly left out of participating in tip pools.  In defending the case, Starbucks asked certain employees to provide statements favorable to Starbucks, and Starbucks made a … Continue Reading