Counsel for the plaintiff class in one wage-and-hour suit against Apple is disqualified from acting as counsel for the plaintiff class in a separate wage-and-hour case against Apple. Several members of the first class had been promoted from hourly jobs to exempt managerial positions. They might be key witnesses in the second case, which involved giving terminated workers final pay stubs. Apple contended its managers were responsible for giving terminated workers their final pay stubs. So some members of the first class would be witnesses in the second case, and in that case, class counsel would have to cross-examine them to establish that they had not given their departing workers the required pay stubs, thus proving them either to be liars or poor managers. See also Baas v. Dollar Stores, Inc., No. C 07-03108 JSW, 2008 WL 906496 (N.D. Cal. Apr. 1, 2008).
California Court of Appeal, Fourth District, Division 1 (Haller, J.); September 28, 2016 (published October 28, 2016); 2016 WL 6395074