Western Express $1.1M Proposed Settlement Denied by Federal Court
“A California federal judge has denied preliminary approval of a $1.1 million settlement in a wage lawsuit against Western Express, sending the parties back to the drawing board,” reports Tyson Fisher in Land Line.
“On May 1, U.S. District Judge Jesus G. Bernal denied Marc Rivera’s preliminary settlement against Western Express worth more than $1 million. Both Rivera and Western Express were seeking certification of the settlement. The class action lawsuit accuses the company of underpaying California drivers by violating rest and meal break wage laws.”
“Explaining the decision, Bernal pointed to the ‘Release’ section of the settlement. Found in nearly all settlements, the release prevents plaintiffs from bringing a related claim against the defendant in the future. If the agreement were to release claims based on different facts, the court can deny the approval.”
“Calling the release ‘overbroad,’ Markson’s counsel filed the objection on behalf of absent class members in the Western Express lawsuit who are also members of the Markson case.”
