Mootness

Federal Rule 68 and FLSA Collective Actions

by Eric Holshouser, Katie Kelly | Fowler White Boggs P.A. on 5/17/2013

In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole...more

Man-to-Man Defense Clears Court: Early Judgment Offers Will Satisfy Named Plaintiff's Claims…For Now

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

In its recent decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court aided employer efforts to "pick off" named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards Act...more

California Employment Law Notes - May 2013

by Anthony Oncidi | Proskauer Rose LLP on 5/10/2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp. v. Symczyk

by Andrea Brown, Lynne Hermle, Mark R. Thompson | Orrick - Global Employment Law Group on 5/7/2013

Earlier this month in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the U.S. Supreme Court held that it is permissible for defendants to “pick off” plaintiffs in FLSA collective actions. In jurisdictions that...more

Recent Supreme Court Decision Highlights Some Pitfalls of Federal Appellate Procedure

by Aaron Fickes, Nancy Winkleman | Schnader Harrison Segal & Lewis LLP on 5/3/2013

Rarely do dissenting Justices advise practitioners to ignore a majority opinion. But, because the five-Justice majority in Genesis Healthcare Corp. v. Symczyk, No. 11- 1059, 569 U.S. __ (2013), assumed without deciding an...more

Employers May Be Able to “Pick Off” Named Plaintiffs in FLSA Collective Actions

by Keith Hudolin, Julia Judish | Pillsbury Winthrop Shaw Pittman LLP on 5/2/2013

In its April decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court buttressed employers’ efforts to “pick off” named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards...more

Norwich Order against OPP in car accident case upheld on appeal

by Alfonso Reales | Lerners LLP on 4/26/2013

On March 11, 2013, the Ontario Court of Appeal released its decision in Muller v. Bluewater Recycling. The decision under appeal had been successfully argued by Alfonso Campos Reales, personal injury lawyer from Lerners. The...more

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

by M. Scott McIntyre, Greg Mersol | BakerHostetler on 4/25/2013

Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more

Supreme Court Holds That "Mere Presence" Of FLSA Collective-Action Claims Cannot Save A Lawsuit Where Named Plaintiff's Individual...

by Staci Ketay Rotman | Franczek Radelet P.C. on 4/24/2013

Some good news for employers. In a recent 5-4 opinion, the U.S. Supreme Court held that collective-action claims brought under the Fair Labor Standards Act (FLSA) are moot when the named plaintiff has no continuing personal...more

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

by Kirk Jenkins | Sedgwick LLP on 4/24/2013

When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of “pick off” moves, at...more

The Supreme Court Holds That Employers Mooting Named Plaintiff's Claim Also Moot FLSA Collective Action

by Ashleigh Bhole | Akerman Senterfitt on 4/24/2013

On April 16, 2012, in Genesis Healthcare Corp. v. Symczyk, No. 11-1059, the Supreme Court held that when a FLSA plaintiff's claim becomes moot prior to a conditional certification of a collective action, the entire action...more

Supreme Court Rules That Offer of Judgment to Named Plaintiff Could Moot FLSA Collective Actions

by Todd D. Steenson | Holland & Knight LLP on 4/24/2013

In its April 16, 2013 ruling in Genesis Healthcare Corp. v. Symcyzk, No. 11-1059, the U.S. Supreme Court decided that once the claim of a named plaintiff in a Fair Labor Standards Act ("FLSA") collective action has been...more

Supreme Court Provides Employers An Additional Tool To Limit FLSA Collective Action Allegations

by Robert Hingula | Polsinelli on 4/22/2013

On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case...more

U.S. Supreme Court Endorses Employer Efforts to "Pick Off" Named Plaintiff in FLSA Collective Action, but Declines to Resolve...

by Duane Morris LLP on 4/22/2013

On April 16, 2013, the United States Supreme Court in Genesis HealthCare Corp. v. Symczyk, 569 U.S. ___ (2013) (No. 11-1059), held that a trial court properly dismissed as moot a Fair Labor Standards Act (FLSA) overtime...more

Supreme Court Reverses Third Circuit Decision Precluding Early Use Of Offer Of Judgment To Defeat An FLSA Collective Action

by Jodi M. Frankel, Adam Long | McNees Wallace & Nurick LLC on 4/22/2013

In 2011, the Third Circuit held that a pre-certification offer of judgment made by a defendant-employer to an individual plaintiff would not require dismissal of the plaintiff's entire FLSA collective action, even if the...more

Supreme Court Upholds Use of Rule 68 Offers of Judgment in FLSA Collective Actions

by Greg Mersol | BakerHostetler on 4/19/2013

Today the United States Supreme Court delivered an unexpected present to employers facing FLSA collective actions and held that a defendant may moot such a case by making a Rule 68 offer of judgment to the named plaintiff....more

Supreme Court Rules FLSA Collective Action Is Moot When The Individual Plaintiff's Claims Are Resolved Before Certification

by Sarah Crooks, Bruce Michael Cross, William Stafford | Perkins Coie on 4/19/2013

On April 16, 2013, the U.S. Supreme Court concluded, in a 5-4 decision, that when the individual plaintiff in a "collective action" under the Fair Labor Standards Act (FLSA) resolves her own claims before certification, the...more

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Federal Rule 68 and FLSA Collective Actions

Man-to-Man Defense Clears Court: Early Judgment Offers Will Satisfy Named Plaintiff's Claims…For Now

California Employment Law Notes - May 2013

“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp. v. Symczyk

Recent Supreme Court Decision Highlights Some Pitfalls of Federal Appellate Procedure

Employers May Be Able to “Pick Off” Named Plaintiffs in FLSA Collective Actions

Norwich Order against OPP in car accident case upheld on appeal

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

Supreme Court Holds That "Mere Presence" Of FLSA Collective-Action Claims Cannot Save A Lawsuit Where Named Plaintiff's Individual...

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

The Supreme Court Holds That Employers Mooting Named Plaintiff's Claim Also Moot FLSA Collective Action

Supreme Court Rules That Offer of Judgment to Named Plaintiff Could Moot FLSA Collective Actions

Supreme Court Provides Employers An Additional Tool To Limit FLSA Collective Action Allegations

U.S. Supreme Court Endorses Employer Efforts to "Pick Off" Named Plaintiff in FLSA Collective Action, but Declines to Resolve...

Supreme Court Reverses Third Circuit Decision Precluding Early Use Of Offer Of Judgment To Defeat An FLSA Collective Action

Supreme Court Upholds Use of Rule 68 Offers of Judgment in FLSA Collective Actions

Supreme Court Rules FLSA Collective Action Is Moot When The Individual Plaintiff's Claims Are Resolved Before Certification

FLSA Collective Action: Supreme Court Holds Offer of Judgment Moots Claim

Supreme Court Ruling on Employee’s Lawsuit Will Also Affect Rule 23 Class Action Cases

Supreme Court Ruling Nixes FLSA Collective Action

Labor And Employment Insight: Supreme Court Ruling In Genesis Generates Discussion On Employer FLSA Strategy

Legal Alert: Supreme Court Lends Support To Strategy For Curtailing Wage And Hour Collective Actions

Supreme Court Weighs In On FLSA Class Action Issues

Supreme Court Rules FLSA Class Action Properly Dismissed For Mootness

Supreme Court Rules Dismissal Of FLSA Collective Actions Are Appropriate When Individual Claim Is Rendered Moot

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