7th Circ.'s Cert. Ruling Defies Dukes, Bank Tells High Court

Law360, New York (August 14, 2012, 4:08 PM EDT) -- The Seventh Circuit misinterpreted the U.S. Supreme Court's Dukes decision when it upheld class certification in an overtime pay case against RBS Citizens NA, glossing over dissimilarities in the plaintiffs' allegations despite Dukes' commonality standard, Citizens recently said in a petition for high court review.

When the Seventh Circuit upheld certification of two classes of Charter One bank workers in January, it failed to consider whether a lack of uniformity among class members' alleged experiences disproved the existence of any unlawful overtime policy that applied classwide,...
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