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

By Leigh Kamping-Carder (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...

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!


Attached Documents

Related Sections

Law Firms


Government Agencies

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!