Today’s case, Espenscheid v. DirectSat USA, LLC (7th Cir. 2012) is a little tricky, procedurally. Three plaintiffs filed an FLSA class action (and collective action) against DirectSat USA, LLC. The Northern District of Illinois originally certified a class, but then decertified it, at which point the plaintiffs each settled on an individual basis.
Now, here’s the tricky part. Having settled the case, they appealed the decertification.
But wait, you ask. How could they do that? They settled their claims!
The plaintiffs’ response: the settlement agreement reserved their right to appeal. Of course, they would still face a standing problem. Since … Continue Reading