Mootness, SCOTUS | JD Supra Law News

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

“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

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

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

by Christophe Difo, Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 4/18/2013

Does a “make whole” offer of judgment to the lead plaintiff in a wage and hour collective action put an end to the case? According to the US Supreme Court, the answer is “yes”- at least on the specific facts of the case...more

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

by Alan S. Kaplinsky, Mark J. Levin, Mariah Murphy | Ballard Spahr LLP on 4/18/2013

In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more

Supreme Court Ruling Nixes FLSA Collective Action

by Alexandra Bak-Boychuk, David Fryman | Ballard Spahr LLP on 4/18/2013

In a 5-4 decision issued on April 16, 2013, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Third Circuit and held that an unaccepted Rule 68 offer of full relief to a named plaintiff extinguished a putative...more

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

by Amy Conway | Leonard, Street and Deinard on 4/18/2013

The U.S. Supreme Court held yesterday in Genesis Healthcare Corp. v. Symczyk that if a sole plaintiff's putative Fair Labor Standards Act (FLSA) collective action claim is mooted, the entire case must be dismissed....more

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

by Shane Munoz | FordHarrison on 4/18/2013

On April 16, 2013, the Supreme Court issued a decision that makes it easier for employers to limit the scope of wage and hour "collective actions." In Genesis Healthcare Corp. v. Symczyk (Apr. 16, 2013), the Court held that...more

Supreme Court Weighs In On FLSA Class Action Issues

by A. Craig Cleland, Michael Fox, Patrick Hulla | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/18/2013

On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. et al. v. Symczyk that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because the worker’s...more

Supreme Court Rules FLSA Class Action Properly Dismissed For Mootness

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/17/2013

On April 16, 2013, with Justice Clarence Thomas writing for a 5-4 majority, the U.S. Supreme Court ruled that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because...more

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

by Fisher & Phillips LLP on 4/17/2013

On April 16, 2013 the U.S. Supreme Court upheld the concept that a wage and hour collective action brought pursuant to the Fair Labor Standards Act (FLSA), can be dismissed for lack of subject matter jurisdiction when the...more

Supreme Court Dodges Offer of Judgment Mootness Question; Holds that Moot Claim Ends FLSA Collective Action

by Thomas Byrne, Valerie Strong Sanders | Sutherland Asbill & Brennan LLP on 4/17/2013

A sharply divided Supreme Court held today in Genesis HealthCare Corp. v. Symczyk that if an unaccepted offer of judgment does indeed moot an individual claim (a question the Court expressly declined to reach) then the...more

Intellectual Property Bulletin - Winter 2013

by Ewa Davison, R.J. Heher, David Marty, David Tellekson, Jedediah Wakefield, Elizabeth White, Lauren Whittemore, Sean Wikner | Fenwick & West LLP on 4/4/2013

In This Bulletin: - Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case - Murky Waters: Post-Approval Regulatory Activities and the §...more

Enforcement Implications of Already, LLC v. Nike, Inc.

by Karen Butcher, Michael Clayton, J. Kevin Fee | Morgan Lewis on 1/24/2013

Brand owner's broad covenant not to sue may render invalidity counterclaims moot. On January 9, the U.S. Supreme Court in Already, LLC v. Nike, Inc. held that a plaintiff trademark owner's dismissal of its infringement...more

A Covenant Not to Sue May Avoid Invalidity Claims

by Kelly Craven, Bobby Ghajar | Pillsbury Winthrop Shaw Pittman LLP on 1/17/2013

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

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