Author Joseph R. Ashby

For companies that might find themselves in position of the defendants, this decision means that if a company is contemplating a transaction and learns in the process of the transaction that it will benefit from the work of a third-party that is not being compensated, then the company will need to assess if the transaction will create exposure to an unjust enrichment claim.
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The court relied on the Ninth Circuit’s decision in Abdullah v. United States Security Associates, Inc., 731 F.3d 952 (9th Cir. 2013), and held that although it would present individual questions, Walmart had “not demonstrated that such individualized inquiries will predominate over the common legal question presented by Plaintiff’s meal period premium claim.”
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