3rd Circ. Says Sleepy's Spotty Records Don't Doom Cert. Bid

By Mike LaSusa (September 9, 2020, 10:50 PM EDT) -- A split Third Circuit panel ruled Wednesday that a lower court was wrong to deny class certification to delivery drivers for Sleepy's LLC, saying the mattress company's spotty records may make it difficult to determine who belongs in the proposed class, but that shouldn't doom the workers' case.

U.S. Circuit Judges Thomas L. Ambro and L. Felipe Restrepo said a New Jersey federal court had erred when it cited ascertainability problems as the reason for rejecting the delivery driver's bid to pursue their employee misclassification suit against Sleepy's as a group.

Writing for the majority, Judge Ambro said the district court...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!