§Why CasetextPricing

Schwann et al v. Fedex Ground Package System, Inc.

MOTION to Certify Class

34 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,637 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,470 times   44 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  3. Smilow v. Sw. Bell Mobile Sys. Inc.

    323 F.3d 32 (1st Cir. 2003)   Cited 372 times   2 Legal Analyses
    Holding common issues of law and fact predominate where "case turns on interpretation of form contract, executed by all class members and defendant"

  4. Waste Mgmt. Holdings v. Mowbray

    208 F.3d 288 (1st Cir. 2000)   Cited 378 times   2 Legal Analyses
    Holding that although the existence of an affirmative statute of limitations defense should be considered in assessing class certification, " the mere fact that such concerns may arise and may affect different class members differently does not compel a finding that individual issues predominate over common ones. As long as a sufficient constellation of common issues binds class members together, variations in the sources and application of statutes of limitations will not automatically foreclose class certification under Rule 23(b)."

  5. Somers v. Converged Access, Inc.

    454 Mass. 582 (Mass. 2009)   Cited 120 times   1 Legal Analyses
    Holding that employer was liable under the Wage Act even when it in good faith classified employee as an independent contractor instead of an employee

  6. Noble v. 93 Univ. Place Corp.

    224 F.R.D. 330 (S.D.N.Y. 2004)   Cited 120 times
    Holding that "individualized damages inquiries do not bar certification."

  7. Massachusetts Delivery Ass'n v. Coakley

    671 F.3d 33 (1st Cir. 2012)   Cited 85 times
    Delineating the types of proceedings that warrant Younger abstention

  8. Cypress v. Newport News Gen. Nonsectarian

    375 F.2d 648 (4th Cir. 1967)   Cited 286 times   2 Legal Analyses
    Holding 18 people as sufficient to meet the numerosity requirement

  9. Awuah v. Coverall North America, Inc.

    460 Mass. 484 (Mass. 2011)   Cited 61 times   2 Legal Analyses
    Holding assented-to deduction for costs of workers' compensation insurance to be invalid and recoverable as damages

  10. McCuin v. Secretary of Health Human Services

    817 F.2d 161 (1st Cir. 1987)   Cited 118 times
    Finding federal question jurisdiction under Part A

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,939 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 149:150 - Complaint for violation of certain sections; defenses; payment after complaint; assignments; loan of wages to employer; civil action

    Mass. Gen. Laws ch. 149 § 150   Cited 304 times   10 Legal Analyses
    Stating that "[a]n employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits"

  13. Section 149:148B - Persons performing service not authorized under this chapter deemed employees; exception

    Mass. Gen. Laws ch. 149 § 148B   Cited 174 times   33 Legal Analyses
    Specifying types of services considered to be not those performed by an employee and noting that an employer's failure to make withholdings or payments that would be required for an employee "shall not be considered in making a determination" as to a person's employee status