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LUIKEN v. DOMINO'S PIZZA, LLC

No. 12-1216.

705 F.3d 370 (2013)

Matt LUIKEN; Jon Sandquist, on behalf of themselves, all others similarly situated, and the Proposed Minnesota Rule 23 Class, Plaintiffs-Appellees v. DOMINO'S PIZZA, LLC, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2013.

Attorney(s) appearing for the Case

Daniel Franklin Katz , argued, Washington DC, Philip Sechler , David Simon Kurtzer-Ellenbogen , Washington DC, Kristin Berger Parker, Tracey Holmes Donesky , Minneapolis, MN, on the brief, for appellant.

Eleanor Michelle Drake , argued, Minneapolis, MN, Matthew H. Morgan , Minneapolis, MN, Matthew C. Helland , San Francisco, CA, on the brief, for appellee.

Before LOKEN, SMITH, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

The district court certified a Rule 23(b)(3) class of about 1,600 Minnesota delivery drivers employed by Domino's Pizza LLC between March 6, 2006, and February 28, 2010. The drivers allege that, under Minnesota law, a fixed delivery charge that customers paid Domino's was a gratuity wrongfully withheld from them. This court granted an interlocutory appeal and now reverses the class certification.

I.

In 2005, Domino's implemented...

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