Penske Says Dukes Kills Class In Drivers' Off-The-Clock Suit

Law360, New York (October 25, 2012, 1:38 PM EDT) -- Penske Logistics LLC asked a California federal judge on Wednesday to decertify a class of delivery drivers who claimed they were forced to work off the clock, saying the U.S. Supreme Court's decision in Wal-Mart v. Dukes doomed the employees' class status.

The landmark ruling requires class plaintiffs to prove that the questions posed in a lawsuit can provide a common answer for each potential class member, Penske said, so that the defendant is able to fairly litigate its defense against each claim. Since the evidence...
To view the full article, register now.