Attorney(s) appearing for the Case
Scott Michelman , Public Citizen Litigation Group, Washington, DC, ( J. Nelson Thomas , Michael J. Lingle , and Annette Gifford , Thomas & Solomon, LLP, Rochester, N.Y., Frank S. Gattuso and Dennis G. O'Hara , O'Hara, O'Connell & Ciotoli, Fayetteville, N.Y., Michael T. Kirkpatrick , Public Citizen Litigation Group, Washington, DC, on the brief), for Plaintiffs-Appellants.
Craig R. Benson , Littler Mendelson, P.C. ( Andrew P. Marks , Elena Paraskevas-Thadani , and Erin W. Smith , on the brief), New York, N.Y., for Defendants-Appellees.
Jamie G. Sypulski , Law Office of Jamie Golden Sypulski, and Douglas M. Werman , Werman Law Office, P.C., Chicago, IL, for the National Employment Lawyers Association as amicus curiae in support of Plaintiffs-Appellants.
Before: JACOBS and DRONEY, Circuit Judges; KAPLAN, District Judge.
DRONEY, Circuit Judge:
This appeal presents the question of whether the Supreme Court's decision in Comcast Corp. v. Behrend, ___ U.S. ___, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013), overruled the law of this Circuit that class certification pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure cannot...
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