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SWALES v. KLLM TRANSPORT SERVICES, L.L.C.

No. 19-60847.

985 F.3d 430 (2021)

Harry SWALES; Corey Lilly; Kyle Shettles; and John McGee, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. KLLM TRANSPORT SERVICES, L.L.C., Defendant-Appellant, Marcus Brent Jowers, and others similarly situated, Plaintiff-Appellee, v. KLLM TRANSPORT SERVICES, L.L.C., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED January 12, 2021.

Attorney(s) appearing for the Case

Gary E. Mason , Danielle Lynn Perry , Mason Lietz & Klinger, L.L.P., Washington, DC, Michael Aschenbrener , Kamber-Law, Denver, CO, John Dudley Butler , Butler Farm & Ranch Law Group, P.L.L.C., Benton, MS, for Plaintiffs-Appellees Harry Swales, Corey Lilly, Kyle Shettles, John McGee.

Joshua Haffner , Graham G. Lambert , Attorney, Haffner Law P.C., Los Angeles, CA, Joe Bradley Pigott , Pigott, Reeves, Johnson, P.A., Jackson, MS, for Plaintiff Appellee Marcus Brent Jowers.

Grover Clark Monroe, II , Christopher G. Dunnells , DunbarMonroe, P.A., Ridgeland, MS, for Defendant-Appellant.

Scott A. Keller , Baker Botts, L.L.P., Austin, TX, for Amicus Curiae Chamber of Commerce of the United States of America.

Richard J. Burch , Bruckner Burch, P.L.L.C., Houston, TX, for Amicus Curiae National Employment Law Project.

Before Jolly, Jones, and Willett, Circuit Judges.

Group litigation takes various forms, with varying formality. Traditional class actions under Federal Rule of Civil Procedure 23, for example, proceed under well-established procedural safeguards to ensure that the named plaintiffs are appropriate class representatives.1 But so-called ...

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