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U.S. Court of Appeals for the 9th Circuit

Jan. 8, 2010

Judge Must Reconsider Class Action

U.S. District Judge Philip S. Gutierrez of Los Angeles was wrong to deny class certification to labor union workers seeking to sue petroleum giant ConocoPhillips Co. over meal breaks, a 9th U.S. Circuit Court of Appeals panel held Wednesday.

By John Roemer

Daily Journal Staff Writer

U.S. District Judge Philip S. Gutierrez of Los Angeles was wrong to deny class certification to labor union workers seeking to sue petroleum giant ConocoPhillips Co. over meal breaks, a 9th U.S. Circuit Court of Appeals panel held Wednesday.

The 3-0 decision faulted Gutierrez for neglecting to look into the merits of the workers' complaint before rejecting their certification motion...

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