• December 3, 2009

This recent ruling from Mag. Judge Arthur Boylan illustrates the challenges of being a class action lawyer and also is yet another example of the Court’s general disinclination to impose sanctions.

Opt-in plaintiffs in this class action against Domino’s Pizza are pizza delivery drivers alleging violations of the federal and the Minnesota Fair Labor Standards Acts.  A number of opt-in plaintiffs are apparently “awol” for the litigation and have failed to meet their obligations to participate in the lawsuit.

Defense counsel sought sanctions for outright and unexcused violations of discovery rules but the Court ruled that it would be unjust and too severe to sanction these errant, but probably not affluent, litigants.

Luikens v Domino Pizza No Show Ps No Sanctions height=”500″ width=”100%” > value=”http://d1.scribdassets.com/ScribdViewer.swf?document_id=23616213&access_key=key-1pfljt11sza0d9wpd3j4&page=1&version=1&viewMode=list”>            

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