Watch What You Say About Espenscheid V. DirectSat

Law360, New York (March 12, 2013, 1:00 PM EDT) -- The Seventh Circuit recently issued an opinion, authored by Judge Richard Posner, addressing the plaintiffs’ failure to submit a litigation plan to the United States District Court for the Western District of Wisconsin on how lost wage damages are to be determined on a class-wide basis in a combined Fair Labor Standards Act collective and Rule 23 class. Espenscheid v. DirectSat USA LLC, __F.3d__, (7th Cir. Feb. 4, 2013).

In DirectSat, the plaintiffs brought FLSA collective and Rule 23 class claims on behalf of technicians. Id. at *2. The...
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