Opinion
23SC102
04-24-2023
Colorado Hamburger Company, Inc. and JOBEC, Inc., Petitioners/Cross-Respondents v. Jacob Thomas Hicks. Respondent/Cross-Petitioner
Court of Appeals Case No. 22CA968
Petition and Cross-Petition for Writ of Certiorari DENIED.
JUSTICE HART and JUSTICE BERKENKOTTER would grant as to the following issues:
Under Farmers Insurance Exchange v. Benzing, 206 P.3d 812 (Colo. 2009), what type of class-wide theory of liability is sufficient to demonstrate predominance under C.R.C.P. 23(b)(3), and what evidentiary burden must a plaintiff carry to meet that standard?
Whether Colorado law requires employers to force their employees to take rest breaks and to track the time that their employees spend taking such rest breaks.
Whether the division erred when it reversed the district court's order denying class certification without applying a cognizable standard of review.
Whether the Court of Appeals erred in not reversing the District Court's denial of class certification for missed meal breaks.