Eric Hemmendinger and Teresa Teare Successfully Defeat a Motion for Conditional Certification
Eric Hemmendinger and Teresa Teare, with the help of Lindsey White and Paul Burgin, were successful in defeating a motion for conditional certification in a lawsuit involving claims of failure to pay wages and overtime to insurance adjusters. The case was brought in the U.S. District for the Eastern District of Virginia. Four named plaintiffs brough suit against an insurance company claiming that they were not paid for all hours worked. They sought to adjudicate their claims on a class and collective basis spanning several states. Even applying the more lenient standard to evaluate conditional certification, the Court found that the claims of each individual were not similar and did not lend themselves to class resolution.