9th Circ. Reverses Commonality Ruling

Law360, New York (July 29, 2008, 12:00 AM EDT) -- In a boost for current and former Hispanic workers at Food City, a federal appeals court has ruled that a lower court should have found commonality among the proposed class members based on their claim that the grocery store’s owner, Bashas’ Inc., paid them less than workers at its other stores.

The U.S. Court of Appeals for the Ninth Circuit on Tuesday said the proposed class members presented enough evidence showing that they were commonly affected by Bashas’ discriminatory pay practices and reversed the district court’s...
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