- Posts by Edward B. Ferguson
AttorneyEdward Ferguson is a litigator with experience in complex commercial disputes, appellate litigation, and administrative law and regulatory challenges. He has represented clients in state and federal courts throughout the ...
A generalized company policy may supply the starting point for a class-certification motion. But, as the Fourth Circuit recently reiterated, a policy described at too high a level of abstraction cannot substitute for the rigorous, element-specific analysis Federal Rule 23 demands.
In Overby v. Anheuser-Busch, LLC, the Fourth Circuit vacated certification of a Rule 23(b)(3) class alleging that Anheuser-Busch failed to pay employees at its Williamsburg, Virginia brewery for pre- and post-shift work they claimed was required under a corporate policy. The court concluded that ...
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