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· 1/19/2016

Thomas Costello v. BeavEx, Incorporated

Citations

  • 810 F.3d 1045
  • 93 Fed. R. Serv. 3d 949
  • 25 Wage & Hour Cas. (BNA) 1681
  • 25 Wage & Hour Cas.2d (BNA) 1681
  • 2016 U.S. App. LEXIS 862
  • 2016 WL 212797

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that class certification was appropriate where one element of a conjunctive test was susceptible to common proof
  • finding prongs A and B of Illinois ABC test could be satisfied through common evidence
  • proceeding directly to the ABC analysis where the defendant delivery service used drivers who were incorporated
  • holding Illinois wage law not preempted
  • “Because the test is conjunctive, if BeavEx cannot satisfy just one prong of the test, its couriers must be treated as employees.”
  • district court erred by concluding that common issues cannot predominate unless as to all three prongs of the ABC test

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Kanne, Rovner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.