Penske Says Dukes Kills Class In Drivers' Off-The-Clock Suit

Law360, New York (October 25, 2012, 1:38 PM EDT) -- Penske Logistics LLC asked a California federal judge on Wednesday to decertify a class of delivery drivers who claimed they were forced to work off the clock, saying the U.S. Supreme Court's decision in Wal-Mart v. Dukes doomed the employees' class status.

The landmark ruling requires class plaintiffs to prove that the questions posed in a lawsuit can provide a common answer for each potential class member, Penske said, so that the defendant is able to fairly litigate its defense against each claim. Since the evidence...
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