Opinion

Joseph Baumann v. Chase Investment Services Corp

  • 747 F.3d 1117
  • 22 Wage & Hour Cas.2d (BNA) 353
  • 2014 U.S. App. LEXIS 4777
  • 2014 WL 983587
Court
Court of Appeals for the Ninth Circuit
Filed
Mar 13, 2014
Status
Published
Author
Thomas
On the bench
Hawkins, Thomas, Hurwitz
Nature of suit
Civil
Cited by
80 cases
Authority
More cited than 11.4%

concluding, in an analogous context, that Federal Rule of Civil Procedure 23 and PAGA are “more dissimilar than alike” because “[a] PAGA action is at heart a civil enforcement action filed on behalf of and for the benefit of the state, not a claim for class relief’

How later courts described this case

  • concluding, in an analogous context, that Federal Rule of Civil Procedure 23 and PAGA are “more dissimilar than alike” because “[a] PAGA action is at heart a civil enforcement action filed on behalf of and for the benefit of the state, not a claim for class relief’
  • noting many ways in which PAGA claims were different from Rule 23 class actions and holding that PAGA claims were not sufficiently similar to class actions under Rule 23 to establish federal subject matter jurisdiction for PAGA claims under the Class Action Fairness Act but stating that it would not decide whether PAGA claim could "proceed under Rule 23 as a class action"
  • finding that an action brought pursuant to California’s Private Attorneys General Act was not a class action because it was not sufficiently similar to Rule 23
  • holding that state statute authorizing class actions with civil penalties payable to both state and the class was not similar to Rule 23 for purposes of CAFA

Written by the judges who cited it.

The opinion

THOMAS, Circuit Judge,

concurring:

I concur in the majority opinion. I write separately only to note my prior disagreement on the question of whether claims under the Labor Code Private Attorney General Act of 2004, Cal. Lab.Code § 2698 et seq, can be aggregated in determining whether diversity jurisdiction exists. Urbino v. Orkin Services of California, Inc., 726 F.3d 1118, 1123 (9th Cir.2013) (Thomas, J., dissenting). Urbino is law of the circuit, of course, and binds this panel. However, if I were writing on a clean slate, I would hold otherwise as to the question of aggregation.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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