9th Circ. Nixes Ruling Sending AT&T Wage Suit To State Court
By Ben James
Law360, New York (August 27, 2013, 10:25 PM ET) -- The Ninth Circuit vacated an order Tuesday that remanded a putative wage-and-hour class action against AT&T Mobility Services LLC to state court, holding that the plaintiffs' waiver of any claim over the $5 million federal jurisdictional threshold was ineffective following a recent U.S. Supreme Court decision.
A three-judge appellate panel said that a 2007 Ninth Circuit ruling, which a federal district court had drawn on when granting plaintiff Robert Rodriguez's bid to send his case down to state court, had been “effectively overruled” by the high...