Whole Foods Appeals Court Tries to Avoid Jurisdictional Issue

The U.S. Court of Appeals for the District of Columbia Circuit might avoid the jurisdictional question raised by Whole Foods Market Group Inc. at oral argument Sept. 25 in a wage and hour case.

Whole Foods argued that under the U.S. Supreme Court’s rule in Bristol-Myers Squibb v. Superior Ct. of Cal., the D.C. federal district court doesn’t have jurisdiction over a nationwide class of workers because the company isn’t subject to general jurisdiction there. The employees argued that BMS doesn’t apply to federal class actions.

The appeals court appeared very interested in the case, questioning the plaintiffs’ attorney ...