Jottings By An Employer's Lawyer

Tuesday, March 29, 2005

Another Reason to Not Like Class Actions, Particularly in the 9th Circuit

Because nominal damages, means nominal damages to each class member. And as Local 1000 of the Service Employees Union found, that can be a substantial hit in the pocket. In this case means the difference between the $7 awarded by the district court to the 7 class representatives and the $37,000 the union will have to shell out to the 37,000 class members. It may be nominal to each class member, but a pretty good size check for the union to write. Cummings v. Connell (9th Cir. 3/29/05) [pdf].

The suit over the improper withholding of agency fees from non-union members is another victory for the National Right to Work Legal Defense Foundation, Inc., which represented the plaintiffs as part of their on-going campaign for the rights of employees who choose not to be union members.

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