7th Circ. Won't Hear Applebee's Class Cert Appeal

Law360, Los Angeles (January 15, 2014, 10:54 PM EST) -- The Seventh Circuit on Wednesday declined to consider a renewed petition to appeal certification of a class of former tipped Applebee's International Inc. franchisee workers, saying a contested order allowing sampling to extrapolate classwide damages didn’t fall within a federal rule that allows immediate appeal of orders granting or denying certification.

A three-judge panel denied AppleIllinois LLC President W. Curtis Smith's second Rule 23 (f) petition for permission to appeal Magistrate Judge Geraldine Soat Brown's March 2010 class certification order. Smith submitted his petition in December...
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