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MILES v. KIRKLAND'S STORES INC.

No. 22-55522.

89 F.4th 1217 (2024)

Ariana MILES, Plaintiff-Appellant, v. KIRKLAND'S STORES INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 8, 2024.

Attorney(s) appearing for the Case

David C. Leimbach (argued), Scott L. Gordon , and Carolyn H. Cottrell , Schneider Wallace Cottrell Konecky LLP, Emeryville, California, for Plaintiff-Appellant.

Jack S. Sholkoff (argued) and Catherine L. Brackett , Ogletree Deakins Nash Smoak & Stewart PC, Los Angeles, California; Andrew J. Deddeh and Tracie Childs , Ogletree Deakins Nash Smoak & Stewart PC, San Diego, California; for Defendant-Appellee.

Before: Barrington D. Parker, Jay S. Bybee, and Kenneth K. Lee, Circuit Judges.

OPINION

When an employee challenges a company's policy in a class action lawsuit, it may appear at first blush that liability can be determined on a class-wide basis if that policy applies to all employees. But like with so many facets of the law, the answer is—it depends. And this case provides two dueling and...

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