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7th Circ. Allows Casino Workers to Appeal Class Cert. Denial


April 9, 2024

The Seventh Circuit granted Casino Queen workers’ request to immediately challenge a trial court’s refusal to certify a class in their suit alleging that company executives charged their employee stock ownership plan $170 million for shares that ended up being worthless.

In an order Monday, a three-judge panel said it would hear a mid-suit appeal from three employee stock ownership plan, or ESOP, participants in their Employee Retirement Income Security Act suit against Casino Queen and its executives.

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“We are extremely pleased that the Seventh Circuit granted our petition,” Michelle C. Yau, who represents the workers, told Law360. “We look forward to obtaining a favorable decision on the merits of the appeal.”

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The ESOP participants are represented by Michelle C. Yau, Eleanor Frisch and Ryan Wheeler of Cohen Milstein Sellers & Toll PLLC and by Shaun P. Martin of University of San Diego School of Law.

Read 7th Circ. Allows Casino Workers to Appeal Class Cert. Denial.