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Reno Office Secures Final Dismissal of Eight-Year-Long Contentious Wage and Hour Litigation

Reno, Nev. (October 29, 2024) - Reno Partner Ellen Jean Winograd recently secured the dismissal of a contentious, eight-year-long wage and hour dispute on behalf of Western Range Association – a non-profit member association of ranchers – when the U.S. District Court for the District of Nevada and the Nevada Supreme Court granted Lewis Brisbois’ motions to dismiss. 

The plaintiffs initially filed this matter as a class action lawsuit in 2016, alleging that Western Range underpaid the wages of H-2A non-immigrant, foreign sheepherders and goatherders by more than $25 million. In addition to demanding the alleged underpayment, the plaintiffs sought interest, attorneys’ fees, and costs. 

The Nevada District Court dismissed the plaintiffs’ first amended complaint and second amended complaint on jurisdictional grounds under the Class Action Fairness Act (CAFA). The plaintiff and the putative class members subsequently appealed the dismissal to the U.S. Court of Appeals for the Ninth Circuit. In an unpublished split decision with a significant dissent, the Ninth Circuit remanded the matter to the Nevada District Court for discovery and litigation. Following extensive discovery, the Nevada District Court denied class certification in 2022, leaving a single plaintiff to proceed with the case. In addition, the Ninth Circuit denied the plaintiff’s petition to file an interlocutory appeal of the class certification denial.  

Notably, when the Nevada District Court denied class certification, the judge addressed Western Range's summary judgment motion and certified a question of first impression to the Nevada Supreme Court. In 2024, the Nevada Supreme Court held oral argument on the certified question and took the matter under submission. 

Following the January 2024 oral argument, Western Range became aware that the plaintiff had died of cancer six months earlier. The plaintiff’s counsel, however, never informed the courts or Western Range of the plaintiff’s death. As such, Western Range filed suggestions of death upon the record. Ultimately, on Lewis Brisbois’ motions, both the Nevada District Court and the Nevada Supreme Court dismissed the actions. 

Ms. Winograd is a member of Lewis Brisbois’ Labor & Employment, Employment Advice & Counseling, and Transportation Practices. With more than 40 years of experience, she has served as lead defense counsel on class action employment matters and has had more than a dozen decisions published in state and federal courts. A thought leader, Ms. Winograd also writes for legal and business publications, and sits on and moderates legal panels.

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