BABINEAU v. FEDERAL EXP. CORP.

No. 08-16227.

576 F.3d 1183 (2009)

Paul BABINEAU, Kenny Bosely, et al., Plaintiffs-Appellants, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 27, 2009.


Attorney(s) appearing for the Case

Gwen Freeman, Knapp, Petersen & Clarke, Glendale, CA, for Plaintiffs-Appellants.

Sandra C. Isom, Richard S. McDonnell, Jr., Jeana M. Littrell, Federal Express Corp., Memphis, TN, for Defendant-Appellee.

Before MARCUS and PRYOR, Circuit Judges, and EDENFIELD, District Judge.


EDENFIELD, District Judge:

Plaintiffs, who are hourly employees of defendant Federal Express Corporation, Inc. ("FedEx"), appeal the district court's denial of class certification. They assert claims of breach of contract and unjust enrichment resulting from FedEx's failure to pay employees for "all hours worked." The district court concluded that certification was improper primarily because individualized factual inquiries into whether and how long each employee...

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