Civil Litigation,
Labor/Employment,
California Supreme Court
Nov. 16, 2011
There's more at stake in Brinker: How the decision can impact class action litigation
The justices may use Brinker to articulate and underscore California procedure.
By February 2012, the state Supreme Court will publish its decision in Brinker Restaurant Corp. v. Superior Court, 165 Cal. App. 4th 25 (2008). Brinker is the first of eight opinions before the Court in which a common-sense approach to an employee's entitlement to a meal period has generally prevailed. It is likely that the Court will blaze a new trail in accordance with its overriding concern with curbing litigation abuse, while preserving and promoting the class-wide adju...
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