Case Updates
Motion for resubmission of brief denied
August 26, 2009
In an unusual move, the Ninth Circuit announced that it will hold its decision in Milligan pending a California Supreme Court decision on the pay stub damage issue in Brinkley v. Pub. Storage, Inc.; however, that issue was not been briefed in Brinkley.
The court denied NCLC’s motion to resubmit the amicus brief.
U.S. Chamber files motion for resubmission of amicus brief in pay stub class action case
October 15, 2008
NCLC argued that the defendant’s omission of an employee’s address and hourly rate (although the stub included a gross pay rate) on a pay stub did not create a cognizable injury under California labor law. NCLC described the lawsuit - which demands over $20 million in statutory damages - as a “graphic example” of litigation over “exceedingly trivial” matters, such as omitting from a pay stub information which the employee already knows.
Amicus brief filed 10/15/08. Oral argument held 4/15/09. Decision held pending ruling in Brinkley v. Pub. Storage, Inc. 4/30/09. Motion for resubmission of amicus brief filed 7/23/09. Motion for resubmission of brief denied 8/26/09.