Tuesday, February 5, 2013
Yesterday the U.S. Court of Appeals for the Eighth Circuit issued its decision in Luiken v. Domino’s Pizza, LLC, which begins:
The district court certified a Rule 23(b)(3) class of about 1,600 Minnesota delivery drivers employed by Domino’s Pizza LLC between March 6, 2006, and February 28, 2010. The drivers allege that, under Minnesota law, a fixed delivery charge that customers paid Domino’s was a gratuity wrongfully withheld from them. This court granted an interlocutory appeal and now reverses the class certification.
Coverage here (from Brendan O’Brien, Thomson Reuters).
(Hat tip: Michelle Olsen, @AppellateDaily)