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...
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Case Information

Case Title

Garvey v. Kmart Corporation

Case Number



California Northern

Nature of Suit

Labor: Other


William Alsup

Date Filed

May 27, 2011

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