Comcast Ruling Undermines Seating Class, Kmart Says

Law360, New York (May 15, 2013, 6:38 PM EDT) -- Kmart Corp. urged a California federal court Monday to reject a former worker's bid to certify a statewide class of cashiers who weren't provided seats while working, claiming that class treatment could lead to complex, individualized penalty calculations that conflict with the U.S. Supreme Court's March Comcast ruling.

The court should reject proposed class representative Collette Delbridge's April 29 certification bid because she has not satisfied the commonality requirement articulated in the Supreme Court's landmark 2011 Dukes ruling and was also out of step with the...
To view the full article, register now.

Documents

Related

Sections

Case Information

Case Title

Garvey v. Kmart Corporation


Case Number

3:11-cv-02575

Court

California Northern

Nature of Suit

Labor: Other

Judge

William Alsup

Date Filed

May 27, 2011

Law Firms

Companies

Government Agencies

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.