Ninth Circuit Rules That Comcast Does Not Kill Wage And Hour Class Actions

On Tuesday, the Ninth Circuit decided Leyva v. Medline Industries, Inc., reversing an order denying class certification in a wage and hour case.  The decision represents the first interpretation from the Ninth Circuit of the scope of the Supreme Court's decision in Comcast Corp. v. Behrend that addressed the requirements for class certification under Rule 23(b)(3) of the Federal Rules of Civil Procedure.   As discussed below, the Ninth Circuit squarely rejected the interpretation of Comcast that some commentators had advanced that the requirement to individually calculate damages for each class member generally should preclude class certification.  Beyond that, the decision does not break substantial new ground.