Category Archives Class Notice

The recent order in Burkeen v. New Madrid Ambulance Dist., 2013 WL 880079 (E.D. Mo., March 8, 2013) is relatively unremarkable (the defendant didn't really contest preliminary certification), but potentially useful in how it addresses some mechanical aspects of FLSA notice. In this putative FLSA action brought on behalf of EMTs seeking overtime pay, the defendant challenged the scope of employee information it was required to hand over to class counsel, the facilitation of class notice, and the contents of class notice. Judge Limbaugh ruled that: The defendant must hand over putative class members' names, addresses, phone numbers and e mail addresses (useful for contacting employees who have moved), and dates of employment, but not their locations of employment; The defendant must post class notice in break rooms, but need not include class notice in pay stubs (because other forms of contact were adequate); Class notice need not include a…

In an opinion paralleling that in Anadarko, another lengthy class action came to (nearly) rest on the other side of the border in Doyle v. Fluor Corp., 2013 WL 150807 (E.D. Mo. Jan. 15, 2013).  That opinion marks the resolution of the protracted Doe Run smelter property damage litigation, and involved the claims of some 700 surrounding current and former property owners whose properties were contaminated by elevated levels of lead.  After a decade of litigation, the case reached resolution in 2012 whereby the class agreed to release all property-related claims in exchange for $55,000,000.00.  On the eve of final approval, a group of objectors composed of twenty-four former property owners and four current property owners moved to intervene and challenge the settlement, asserting that the notice scheme was inadequate and the allocation plan unfair.  The trial court denied their objections and approved the class settlement. On appeal, Judge Ahrens,…

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