Clark v. Eddie Bauer LLC

Court: U.S. Court of Appeals for the Ninth Circuit

Date: 2023

Issue on Appeal: Whether the district court properly certified a class and applied state wage-and-hour laws, including whether individualized issues predominate over common questions in determining liability.

RLC’s Position: The RLC argues that class certification should be denied where individualized inquiries—such as employee duties, time worked, or compensation practices—predominate. Expanding class actions in wage-and-hour cases increases litigation pressure on retailers, encourages meritless claims, and drives up settlement costs regardless of the underlying merits. Clear limits on class certification are necessary to ensure fairness and prevent abusive litigation practices.

Other Amici: Chamber of Commerce of the United States and other business and retail organizations.

Counsel: Counsel from national appellate and employment law practices representing amici curiae.