LaCross v. Knight Transp. Inc., 775 F.3d 1200 (9th Cir. 2015)
In this putative class action, plaintiffs alleged that Knight Transportation had misclassified them as independent contractors when in fact they were employees who were not reimbursed their lease-related and fuel costs as required by Labor Code § 2802. Knight removed the case from state to federal court under the Class Action Fairness Act…
Baumann v. Chase Inv. Servs., 2014 WL 983587 (9th Cir. 2014)
Joseph Baumann sued his employer, Chase Investment Services Corporation, under the Private Attorneys General Act (“PAGA”), alleging claims for unpaid overtime, meal breaks and rest periods and timely expense reimbursements. Baumann further alleged his potential share of any recovery and attorney’s fees would be less than $75,000. Chase removed the action under the…
In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court.
In Rea, the plaintiffs filed a class action alleging that Michaels improperly classified California store managers as exempt from overtime. Michaels removed the action to federal court under…
Guglielmino v. McKee Foods Corp., 506 F.3d 696 (9th Cir. 2007)
Plaintiffs sued McKee Foods in this putative class action in state court, alleging violation of the California Labor Code, fraud, breach of contract and related claims. McKee timely removed the action to federal court and asserted that even though plaintiffs affirmatively alleged that the damages suffered by each of them were less than…
Lowdermilk v. United States Bank Nat’l Ass’n, 2007 WL 678221 (9th Cir. Mar. 2, 2007)
Plaintiffs in this class action sought unpaid wages and penalties under Oregon state law as well as costs and attorneys’ fees for a total amount of alleged damages that did not exceed $5 million. The Bank removed the action to federal court under the Class Action Fairness Act of…
Breuer v. Jim’s Concrete of Brevard, Inc., 538 U.S. 691, 123 S. Ct. 1882 (2003)
Phillip T. Breuer sued Jim’s Concrete, his former employer, in Florida state court for unpaid wages, liquidated damages, interest and attorney’s fees under the federal Fair Labor Standards Act (FLSA), which provides that such an action “may be maintained… in any Federal or State court of competent jurisdiction.” Jim’s…
Gregory v. SCIE, LLC, 317 F.3d 1050 (9th Cir. 2003)
Rodney Gregory, a member of Local 44 of the IATSE union, filed an action in state court alleging a violation of the California Labor Code and Wage Orders for SCIE’s failure to pay him premium wage rates for overtime work he had performed. SCIE removed the action to federal court on the ground that…
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