7th Circ. Revives Class Cert. Bid In Outback Wage Suit

Law360, New York (January 18, 2011, 4:13 PM EST) -- The Seventh Circuit on Tuesday shot down the denial of class certification in an Outback Steakhouse wage dispute, rejecting the argument that Fair Labor Standards Act collective action claims and state class action claims cannot coexist in the same suit.

A three-judge panel in the U.S. Court of Appeals for the Seventh Circuit held there was no categorical rule against certifying a Rule 23(b)(3) state law class action in a proceeding that also includes an FLSA collective action.

The decision not to certify proposed classes for...
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