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« "Calif. High Court Grapples With Limitations Period in Meal-Pay Law" | Main | Recent Eleventh Circuit CAFA decision: Main Drug, Inc. v. Aetna U.S. Healthcare, Inc. and »

Friday, March 09, 2007

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TommyK

I'm going out on a limb and predicting a 7-0 decision one way or the other. It sure seems like they have all their wage/hour, employment and class action decisions be unanimous since Corrigan joined the court (e.g., Smith v. Superior Court, Pioneer Electronics, Friends case, the at-will case).

Kimberly A. Kralowec

Thanks, Tommy. One possibility that did occur to me was that Chief Justice George might convince the panel that the statutory language is unambiguous, that resort to legislative history materials is therefore unnecessary, and that the payment is a wage, not a penalty. His questioning was not inconsistent with such an outcome. And, statistically speaking, Chief Justice George is in the majority far more often than not.

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