§Why CasetextPricing

Lynn v. Vital Recovery Services, Inc. et al

MOTION to Certify Class

33 Cited authorities

  1. Hoffmann-La Roche Inc. v. Sperling

    493 U.S. 165 (1989)   Cited 3,026 times   19 Legal Analyses
    Holding that district courts have discretion to implement § 216(b)

  2. Lynn's Food Stores, Inc. v. United States

    679 F.2d 1350 (11th Cir. 1982)   Cited 3,885 times   24 Legal Analyses
    Holding that settlement of an FLSA claim must be approved by either a court or the Department of Labor

  3. Hipp v. Liberty Nat'l Life Ins.

    252 F.3d 1208 (11th Cir. 2001)   Cited 1,104 times   2 Legal Analyses
    Holding that the continuing violation doctrine did not apply where a plaintiff was aware that he incurred harm at the time each harmful act took place

  4. Mooney v. Aramco Servs. Co.

    54 F.3d 1207 (5th Cir. 1995)   Cited 1,271 times   1 Legal Analyses
    Holding that "to show relevancy, Trial Plaintiffs had to show that the proffered anecdotal witnesses were sufficiently similar to themselves so that the witnesses' testimony would have a tendency to show `standard [discriminatory] operating procedure' and a `regular rather than unusual practice' of discrimination."

  5. Grayson v. K Mart Corp.

    79 F.3d 1086 (11th Cir. 1996)   Cited 781 times   1 Legal Analyses
    Holding that an individual who did not file an EEOC charge may opt into an ADEA class action by "piggybacking" onto a timely charge filed by one of the named plaintiffs, provided that the claims of the named plaintiff and the piggybacking plaintiff arise out of similar discriminatory treatment in the same time frame

  6. Dybach v. State of Fla. Dep't of Corrs.

    942 F.2d 1562 (11th Cir. 1991)   Cited 662 times
    Holding that a probation officer not a professional because the job did not require an advanced degree in a specialized field of knowledge

  7. Torrisi v. Tucson Elec. Power Co.

    8 F.3d 1370 (9th Cir. 1993)   Cited 387 times   1 Legal Analyses
    Holding that we review adequacy de novo

  8. Longcrier v. HL-A Co.

    595 F. Supp. 2d 1218 (S.D. Ala. 2008)   Cited 177 times
    Holding that to deem the delay in ruling upon a motion for certification extraordinary "would be to opine that equitable tolling should be granted in every § 216(b) case as a matter of course during the pendency of a conditional class certification request, thereby transforming this extraordinary remedy into a routine, automatic one"

  9. Young v. Cooper Cameron Corp.

    229 F.R.D. 50 (S.D.N.Y. 2005)   Cited 178 times
    Finding that at the preliminary certification stage, "the focus of th[e] inquiry [] is not on whether there has been an actual violation of law but rather on whether the proposed plaintiffs are 'similarly situated'"

  10. Brown v. Money Tree Mortg., Inc.

    222 F.R.D. 676 (D. Kan. 2004)   Cited 142 times
    Considering allegations and affidavits at notice stage

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,128 times   1237 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 201 - Short title

    29 U.S.C. § 201   Cited 21,020 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,462 times   141 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  14. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,513 times   228 Legal Analyses
    Establishing overtime rules