In an action seeking compensation for defendant's alleged denial of employees' meal breaks, denial of class certification is reversed where the district court abused its discretion when it assumed, for the purpose of Fed. R. Civ. P. 23 certification analysis and without any separate inquiry into the merits, that plaintiffs' legal theory would fail.
Argued and Submitted November 4, 2009
Filed January 6, 2010
Opinion by Judge Bybee
Anne Richardson, Hadsell, Stormer, Keeny, Richardson & Renick, LLP, Pasadena, CA