Class Allegations Stand In WellPoint FLSA Suit

Law360, New York (September 26, 2008, 12:00 AM EDT) -- Plaintiffs in an overtime suit against health benefits provider WellPoint Inc. can move forward with class allegations under New York state law but won't be able to seek injunctive relief in the case, a federal judge has ruled.

In a ruling issued Wednesday, Judge Lawrence E. Kahn of the U.S. District Court for the Northern District of New York denied WellPoint's bid to strike the class allegations of the suit's New York plaintiff, Fay Ruggles, but did not rule on class certification.

“Given the limited information...
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