Applebee's Hits Back At Post-Comcast Cert. Ruling Appeal

Law360, New York (April 24, 2013, 8:17 PM EDT) -- An Applebee's Restaurant franchisee told the Second Circuit that there is no need for a hasty appellate review of a New York federal court's decision not to certify a wage-and-hour class, which cited the U.S. Supreme Court's ruling in Comcast v. Behrend.  

The plaintiffs are asking the appeals court to review U.S. District Judge Thomas J. McAvoy's refusal to certify the class of workers at 61 Applebee’s restaurants for claims under the New York Labor Law. Citing Comcast, the judge found that class treatment was inappropriate because the...
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