McDonald's To Appeal Class Cert. To 9th Circ. In Wage Suit

Law360, New York (July 22, 2016, 10:42 PM EDT) -- McDonald's wants the Ninth Circuit to review the recent class certification of a group of employees suing for fair wages and overtime compensation, arguing Thursday that the lower court was "manifestly erroneous" in relying on fatally dissimilar evidence of the mental states of more than 800 class members when it made its decision.

The fast-food giant said the theory of ostensible agency, or the employees' reasonable belief that they were employed by McDonald's, can't be decided on a classwide basis because liability hinges on each class member's individual knowledge, motivations and expectations.

"That established authority against class treatment of claims requiring...

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