Tag Archives: decertification

UniTek Argues $3.8M FLSA Award Cannot Stand in Light of Seventh Circuit Decertification Decision

By Jeanine Conley on Posted in Class Certification
In a recent motion filed in Monroe v. FTS USA, LLC, No. 2:08-cv-02100 (D.E. 441-1), defendants Unitek USA, LLC and its subsidiary, FTS USA, LLC, (collectively “UniTek”) asserted that a $3.8 million judgment awarded to a class of cable technicians should be tossed in light of the Seventh Circuit’s ruling in Espenscheid, v. DirectSat USA, … Continue Reading

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

Photo of Rodger EckelberryBy Rodger Eckelberry on Posted in Class Certification, Commonality, Rule 23 Requirements
In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians sought to represent 2,341 technicians on claims their employer’s “piece-rate” pay structure violated federal and state wage laws by failing to … Continue Reading

Supreme Court Denies Cert on Preclusion Issue Post Decertification in Florida Tobacco Case…And Once Again, Decertification Proves to Be a Hollow Victory

Photo of Casie CollignonBy Casie Collignon on Posted in Class Certification
Last week, on November 26, 2012, the United States Supreme Court denied cert in one of the thousands of individual cases pending in the aftermath of Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), where the State of Florida took on the tobacco industry.  In R.J. Reynolds Tobacco Co. v. Clay, Case … Continue Reading

Seventh Circuit Allows Settling Plaintiff to Appeal Decertification

By Matthew J. Moody on Posted in Standing
The Seventh Circuit ruled recently in Espenscheid v. DirectSat USA, LLC, No. 12-1943, 2012 WL 3156326 (7th Cir. Aug. 6, 2012), that a class representative may appeal a class decertification order notwithstanding his havng settled with the defendant.  Writing for the Seventh Circuit, Judge Richard Posner held that a settling class representative could maintain standing to … Continue Reading
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