Dollar Tree Appeal Argued
August 22, 2006
On Monday, we argued our appeal of the dismissal of our original Dollar Tree Stores meal period and rest period class action. The primary issue is whether a putative class member has the right to intervene or amend a complaint when the original class representative tentatively releases his claims as a part of a settlement which does not address the claims of his entire class. A secondary issue involves the question of when the trial court can dismiss a class action without notice to the class. Frankly, we thought the law was well settled already, but at least one Superior Court judge disagreed with us and dismissed the case over our objection. We'll be quite surprised if a majority of any appellate panel upholds the dismissal.
Why is this newsworthy?
Posted by: The Defense Never Rests | August 23, 2006 at 05:58 PM
We talk about wage and hour class actions here, including ours and others. If you don't want to read about them, perhaps you've come to the wrong blog.
Posted by: michael walsh | August 23, 2006 at 11:19 PM
Why is that sugar cane link newsworthy? Better ask the newspaper that reported the dismissal of some random class action what in tarnation they were thinking, reporting about a simple dismissal. Thats even less newsworthy than when the case gets appealed!!! I bet that defense never rests guy is your opposing counsel being bitter because he is going to get reversed. Keep up the good work.
Posted by: Paul A | August 24, 2006 at 02:26 PM
I just noticed that Curtis Cole of Thelen Reid lost another case in the appeals court to a party named Andrade. I thought it was yours at first, but I had searched for Andrade by attorney name not party name. The case is Frasier v Hanson.
Posted by: Paul A | August 29, 2006 at 12:20 PM