8th Circ. Cites Dukes In Nixing Domino's Drivers Class

Law360, New York (February 4, 2013, 5:42 PM EST) -- The Eighth Circuit on Monday decertified a class of Minnesota Domino’s Pizza LLC delivery drivers who allege the pizza chain improperly pocketed delivery charges, finding different circumstances of delivery transactions preclude the class from establishing commonality as prescribed by the U.S. Supreme Court in Dukes v. Wal-Mart.

Class representative Matt Luiken had argued that under Minnesota law, the delivery charges are gratuities and as such, they are the sole property of the drivers.

Luiken pointed out that “gratuity” is defined in the statute in part as...
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