AstraZeneca defeats pharmaceutical representative misclassification claims and class certification in Pennsylvania, New York, and California
Clients AstraZeneca LP
Jones Day obtained summary judgment and defeated class certification on behalf of AstraZeneca in a trio of pharmaceutical industry class actions in which plaintiffs contended that the company misclassified pharmaceutical sales representatives as exempt from state-law overtime requirements and sought to represent employees statewide.
In Baum, Jones Day obtained summary judgment as to the claims of the Pennsylvania putative class representative on the grounds that she was exempt from overtime requirements under Pennsylvania's outside sales and administrative exemptions. The court also denied class certification as moot. The U.S. Court of Appeals for the 3d Circuit affirmed the trial court's decision. In Hummel, Jones Day obtained summary judgment against the New York putative class representative on the ground that she waived all of her claims via a valid and binding release. And in Brody, Jones Day obtained summary judgment for AstraZeneca on the grounds that the company properly classified the California named plaintiff as an exempt outside salesperson under California law. The court further denied as moot class certification. An appeal is now pending.
Baum v. AstraZeneca LP, Case 3:07-CV-00090 KPG (W.D. Pa); Hummel v. AstraZeneca LP, Case No. 07 Civ. 5473 (S.D.N.Y.); Brody v. Astra-Zeneca Pharmaceuticals, Inc., Case No. 2:06-CV-06882 (C.D. Cal.)