Monday, June 8, 2015
SCOTUS Cert. Grant on Class Actions: Tyson Foods v. Bouaphakeo
Today the Supreme Court granted certiorari in Tyson Foods, Inc. v. Bouaphakeo (No. 14-1146. The questions presented are:
(I) Whether differences among individual class members may be ignored and a class action certified under Federal Rule of Civil Procedure 23(b)(3), or a collective action certified under the Fair Labor Standards Act, where liability and damages will be determined with statistical techniques that presume all class members are identical to the average observed in a sample.
(II) Whether a class action may be certified or maintained under Rule 23(b)(3), or a collective action certified or maintained under the Fair Labor Standards Act, when the class contains hundreds of members who were not injured and have no legal right to any damages.
You can find all of the cert-stage briefing, and keep track of the merits briefs as they come in, at SCOTUSblog.