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« New UCL/class certification decision: Estrada v. FedEx Ground Package System, Inc. | Main | Walsh v. IKON distinguished: Krzesniak v. Cendant Corp. »

Tuesday, August 28, 2007


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From the oral argument, it looked like Justice Moreno was needed to get to 4 justtices affirming the lower court's acceptance of the class action waiver (Kennard and Werdeger were definite "reverse" votes, and George looked like he was leaning the same way).

Given that Moreno has been on the employee's side in every one of the wage/hour cases in the last year, I'd fall out of my chair if he voted to uphold class action waivers, especially given he was the author of Discover Bank. We'll see though . . .

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