9th Circ. OKs Breakup Of UPS Wage-And-Hour Class

Law360 (April 28, 2011, 6:06 PM EDT) -- The Ninth Circuit affirmed a ruling Thursday that decertified a class of UPS Inc. supervisors who alleged the shipper failed to pay them for overtime and breaks, but refused to overturn a $1.4 million judgment for the individual plaintiff.

The district court properly evaluated the surveys and testimony plaintiff Michael Marlo provided to support class certification in order to decide whether the evidence could support a classwide finding, the appeals court ruled.

"The court did not improperly weigh the merits of the claim," Judge Milan D. Smith Jr. wrote for a three-judge panel.

Marlo sued UPS in 2003, claiming the company...

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