§Why CasetextPricing

Abadeer et al v. Tyson Foods, Inc.

MEMORANDUM signed

12 Cited authorities

  1. Oppenheimer Fund, Inc. v. Sanders

    437 U.S. 340 (1978)   Cited 4,385 times   20 Legal Analyses
    Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."

  2. Powers v. Hamilton Cty.

    501 F.3d 592 (6th Cir. 2007)   Cited 678 times
    Holding that an intervening act by a third party can break the causal chain between the defendant's conduct and the plaintiff's injury

  3. Young v. Nationwide Mut. Ins. Co.

    693 F.3d 532 (6th Cir. 2012)   Cited 397 times   4 Legal Analyses
    Holding that "[b]efore a court may certify a class pursuant to Rule 23, 'the class definition must be sufficiently definite so that it is administratively feasible for the court to determine whether a particular individual is a member of the proposed class' "

  4. John v. Nat'l Sec. Fire & Cas. Co.

    501 F.3d 443 (5th Cir. 2007)   Cited 172 times   5 Legal Analyses
    Holding that "[t]he existence of an ascertainable class of persons to be represented by the proposed class representative is an implied prerequisite of the Federal Rule of Civil Procedure 23."

  5. Romberio v. Unumprovident Corp.

    385 F. App'x 423 (6th Cir. 2009)   Cited 70 times   2 Legal Analyses
    Holding that, "[t]o prevail on a breach-of-fiduciary-duty claim under ERISA, a plaintiff must generally prove that the defendant not only breached its fiduciary duty but also caused harm by that breach"

  6. Gawry v. Countrywide Home Loans, Inc.

    640 F. Supp. 2d 942 (N.D. Ohio 2009)   Cited 24 times
    Holding in an action not brought under the TILA that rescission "is a `purely personal remedy' and thus is incompatible with class action suits"

  7. Marsico v. Sears Holding Corp.

    370 F. App'x 658 (6th Cir. 2010)   Cited 11 times

    No. 07-2231. March 25, 2010. On appeal from the United States District Court for the Eastern District of Michigan. Before: COLE, CLAY, and KETHLEDGE, Circuit Judges. OPINION CLAY, Circuit Judge. Plaintiff David Marsico appeals the district court's grant of summary judgment in favor of Defendant Sears Holding Corporation, formerly known as Kmart Holding Corporation, on his claims of discrimination, in violation of the Age Discrimination Employment Act, 29 U.S.C. §§ 622 et seq., and the Michigan Elliott-Larsen

  8. Acosta v. Tyson Foods, Inc.

    8:08CV86 (D. Neb. Jul. 12, 2013)   Cited 2 times

    8:08CV86 07-12-2013 MANUEL ACOSTA, LUIS MONTOYA, and MARTIN HINOJOSA, on Behalf of Himself and All Other Similarly Situated Individuals; Plaintiffs, v. TYSON FOODS, INC., Defendant. Joseph F. Bataillon MEMORANDUM AND ORDER This matter is before the court on Defendant's Objection to Production of Pay and Punch Data for Employees Hired After Class Certification, Supplementation After the Close of Discovery, and Extension of the Damages Period, Filing No. 312; Plaintiffs' Motion to Compel and to Extend

  9. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,817 times   651 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  10. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,850 times   319 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,896 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,347 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”