The U.S. Chamber filed an amicus brief urging the D.C. Circuit to hold that a Rule 23(c)(4) issues class must still satisfy the requirements of Rule 23(b) as to the plaintiffs’ cause of action and that the “similarly situated” requirement for a FLSA collective action incorporates familiar considerations of commonality, typicality, and predominance. Gilbert C. Dickey and Jessica L. O'Brien of McGuireWoods LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
