Two Stones, One Bird: Employer’s Simultaneous Motions For Summary Judgment and Decertification Pay Off in Arkansas

How do you show a judge that the inquiries necessary to resolve the claims of the class in an FLSA collective action are too individualized for a single trial?  In some cases, the best approach is to file two motions—one for summary judgment on the class members’ claims, and the other to decertify the class.  The former requires the court to wade through the same basic inquiries that will have to be answered at trial, and either can result in dismissal of the class claims.  This was a winning approach in a recent case in the Eastern District of Arkansas. 

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