Questions Presented
1. Whether it is consistent with Wal-Mart Stores, Inc. v. Dukes to hold that a defendant to a Rule 23(b)(3) class action has no right to raise statutory affirmative defenses on an individual basis if the class seeks “only” monetary relief.
2. Whether a district court can conclude that the Rule 23(a)(2) commonality requirement is satisfied when a class claims the denial of overtime pay, without resolving whether dissimilarities in the class would preclude it from establishing liability on a class-wide basis.
Case Updates
Supreme Court grants petition for cert., vacates and remands a Seventh Circuit decision that allowed an Illinois overtime wages lawsuit to proceed as a class action
April 01, 2013
The Supreme Court granted the petition for writ of certiorari. The Court vacated the judgment and remanded to the Seventh Circuit for further consideration in light of Comcast v. Behrend.
U.S. Chamber urges Supreme Court to review Illinois overtime wages class action
September 21, 2012
NCLC urged the Supreme Court to review a Seventh Circuit decision that circumvented Wal-mart v. Dukes by artificially limiting the decision to its factual and procedural context. In this case, plaintiffs alleged that Charter One failed to pay overtime compensation in violation of Illinois law and sought certification under Rule 23(b)(3) of a class of Charter One employees who allegedly were misclassified as exempt from receiving overtime compensation. Though, under Illinois law, Charter One had the right to defend against each class member's misclassification claim on an individualized basis, the Seventh Circuit inexplicably rejected Charter One's argument and held that Dukes applied only to a Rule 23(b)(2) class and not to a Rule 23(b)(3) class. In its amicus brief, NCLC urged the Court to review this case and put a stop to the full panoply of ways in which plaintiffs and lower courts are attempting to undermine and limit Dukes and to grant cert in this case.
Case Documents
- NCLC amicus brief in support of cert -- RBS Citizens et al. v. Ross et al. (U.S. Supreme Court).pdf
- Cert. Petition -- RBS Citizens et al. v. Ross et al. (U.S. Supreme Court).pdf
- Respondent's Brief in Opposition to Cert. -- RBS Citizens et al. v. Ross et al. (U.S. Supreme Court).pdf
- Petitioner's Reply Brief -- RBS Citizens et al. v. Ross et al. (U.S. Supreme Court).pdf