Lynnette Kaiser v. Alcoa USA Corp.

Summary

The court affirmed certification of the class under Rule 23(b)(2), holding that common evidence could establish commonality and typicality despite variations among the collective bargaining agreements, and that any monetary relief was incidental to the requested injunction. It reversed the liability summary judgment because Alcoa’s prior statements in separate litigation did not clearly establish a contrary position sufficient to support judicial estoppel. The court remanded for the district court to decide whether to reconsider summary judgment or proceed to trial.