Blog Post

Jan 28, 2014

Court Makes A U-Turn and Decertifies Class At Trial

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What happens if plaintiffs break their promise to present evidence that their claims can be decided on a classwide basis at trial?  In Dilts v. Penske Logistics, LLC, the Plaintiffs found out this harsh lesson when the Court decertified the case mid-trial because Plaintiffs failed to present classwide proof of their claims.  This decision out the United States District Court for the Southern District of California becomes one in a growing series of court decisions decertifying automatic meal period deduction class actions due to the lack of common proof.

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