February 5, 2013
8th Circuit Decertifies Rule 23(b)(3) Class Action Involving Domino's Delivery Drivers
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)