The U.S. Court of Appeals for the Ninth Circuit partially reversed and partially affirmed the denial of class certification in a suit against Kirkland’s Stores, which alleged the company’s rest break and bag check policies are unlawful.
The circuit court reversed a decision by U.S. District Judge John W. Holcomb of the Central District of California, which denied the request made by the plaintiff, Ariana Miles, for class certification pertaining to a rest break claim, finding the policy was uniformly applied across the stores. However, the panel affirmed the denial as to class certification for the bag check claim after concluding the policy was not uniformly implemented.
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