Holding that the District Court used the wrong legal standard, the Ninth Circuit Court of Appeals entered an order on May 28, 2013 stating that the lower court had abused its discretion in denying Class Certification to a putative class action brought on behalf of 538 employees with wage and hour issues.
The lower court had held the class should not be certified because it required individual calculations as to damages. The higher panel said that shouldn’t stop the case from proceeding as a class action. It also held that Plaintiff had provided a sufficient showing that the class would be manageable. Leyva v. Medlin Industries, Inc. (9th Cir. 11-56849 5/28/13)