Driver v. AppleIllinois, LLC

Ct. of Appeals denied second petition seeking permission to appeal order by Dist. Ct. that denied defendant’s challenge to Dist. Ct.‘s modified class certification order. While Dist. Ct.’s modification of original class certification order might have warranted instant appeal, where Dist. Ct.’s modification of definition of class to include employees “who worked as tipped employees earning sub-minimum tip credit wage rate” was over inclusive, and where said modification constituted material change from original class definition, subject matter of defendant’s appeal did not pertain to changed definition of class members. Thus, defendant could only have filed motion to decertify class to address matters contained in instant petition that would not have been subject to appeal under Rule 23(f).