Espenscheid v. DirectSat USA, LLC, No. 12-1943 (7th Cir. 2012)
Annotate this CaseThree named plaintiffs in a class action suit to enforce the Fair Labor Standards Act, 29 U.S.C. 216(b) and parallel state laws appealed the district court’s decertification of the classes. Proceeding as individual lawsuits by the three plaintiffs, the case settled, reserving plaintiffs’ right to appeal the decertification. The Seventh Circuit denied a motion to dismiss for lack of jurisdiction. If appeals such as this were held to be precluded on standing grounds, there would be no judicial economies, since if the named plaintiffs settle after denial of class certification and then exit the scene another member of the class can step forward and take the quitters’ place.
The court issued a subsequent related opinion or order on February 4, 2013.
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