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VEGA v. T-MOBILE USA, INC.

No. 07-13864.

564 F.3d 1256 (2009)

Henry VEGA, individually and as representative of all others similarly situated, Plaintiff-Appellee, v. T-MOBILE USA, INC., a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 7, 2009.

Attorney(s) appearing for the Case

Kristine McAlister Brown, Peter Kontio, Charles H. Morgan, Gregory B. Mauldin, Alston & Bird, LLP, Atlanta, GA, for Defendant-Appellant.

Bard Daniel Rockenbach, Philip M. Burlington, Burlington & Rockenbach, P.A., West Palm Beach, FL, for Plaintiff-Appellee.

Before TJOFLAT and MARCUS, Circuit Judges, and VINSON, District Judge.

TJOFLAT, Circuit Judge:

T-Mobile USA, Inc. ("T-Mobile") appeals the district court's certification of a class action brought against it on behalf of its former sales employees regarding the company's policy for paying commissions on the sale of prepaid cellular telephone accounts. The class seeks damages to recover those commissions. After a thorough review, we find numerous flaws, both procedural and substantive, in the district court's class certification analysis...

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