· 7/7/2009
Vinole v. Countrywide Home Loans, Inc.
Citations
- 571 F.3d 935
- 14 Wage & Hour Cas.2d (BNA) 1797
- 2009 U.S. App. LEXIS 14771
- 2009 WL 1926444
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “often the pleadings alone will not resolve the question of class certification and that some discovery will be warranted”
- concluding that the district court did not abuse discretion in 10 granting defendant’s motion to deny class certification where plaintiffs “were provided 11 with adequate time in which to conduct discovery related to the question of class 12 certification”
- noting that “[t]he party seeking certification bears the burden of showing that each of the four requirements of Rule 23(a) and at least one of the requirements of Rule 23(b
- noting that analysis of exemptions under the FLSA is a fact-intensive inquiry
- affirming the district court’s denial of class certification where the court’s exemption analysis would be “fact-intensive” and require an “individualized analysis of the way each employee actually spends his or her time”
- noting that there was “no standard policy governing how employees spend their time” and holding that the outside sales exemption would “require inquiries into how much time each individual ... spent in or out of the office and how the [employee] performed his or her job.... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Silverman, Callahan, Mills
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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