RBS V. ROSS

Issue: Class Action Standards
Court: U.S. Supreme Court
Lower Court: U.S. Court of Appeals for the Seventh Circuit
Questions Presented:
I. Whether it is consistent with Wal-Mart Stores, Inc. v. Dukes to hold that a defendant to a Federal Rule of Civil Procedure 23(b)(3) class action has no right to raise statutory affirmative defenses on an individual basis if the class seeks “only” monetary relief.
II. Whether a district court can conclude that the Rule 23(a)(2) commonality requirement is satisfied when a class claims the denial of overtime pay, without resolving whether dissimilarities in the class would preclude it from establishing liability on a class-wide basis.
RLC's Position:
The RLC urged the U.S. Supreme Court to grant certiorari this case, which presents class action certification standard issues in the Fair Labor Standards Act context.
Case Outcome: In light of the Comcast decision, the Court granted certiorari, vacated the judgment, and remanded the case for further consideration.
Procedural History and Case Documents:
  • Certiorari petition filed August 2012
  • Certiorari granted, judgement vacated, and case remanded April 2013

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