A Rule 68 offer of judgment affording complete relief to two named plaintiffs and one opt-in plaintiff does not moot the plaintiffs’ individual claims in an action for overtime compensation pursuant to the Fair Labor Standards Act (“FLSA”) and parallel provisions of the N.Y. Labor Law (“NYLL”) , a federal court ruled on Monday. Velasquez
Rule 23
District Court Grants Hearst Interns’ Motion for Appeal to Second Circuit
Former unpaid interns at the Hearst Corp. may have their denial of class certification reviewed by the U.S. Court of Appeals for the Second Circuit. The District Court of the Southern District of New York (Judge Harold Baer, Jr.) granted the interns’ motion to certify the court’s opinion and order of May 8…
FLSA Class Decertified; Motion for Class Certification Under Rule 23 Denied Too
The U.S. District Court for the Western District of New York decertified a collective action under the Fair Labor Standards Act and denied the plaintiff’s motion for class certification of the state law claims under Rule 23. Tracy v. NVR, Inc. (W.D.N.Y. 4.29.13). Plaintiffs alleged that the national home-builder misclassified them as non-exempt sales and…
District Court Certifies Class under Rule 23; Dukes cited; Behrend not mentioned
Following the granting of conditional certification under FLSA 216(b) in July 2012, the U.S. District Court for the Southern District of New York (Judge Andrew L. Carter, Jr.) granted the plaintiffs’ motion to certify a class of umpires who alleged that the United States Tennis Association’s (USTA) improperly classified them as “independent contractors” …
District Court Denies Certification of 23(b)(3) Class; Quotes Language from Comcast Corp. v. Behrend
The U.S. District Court for the Western District of Washington (Judge Richard A. Jones) denied a motion to certify a class of more than 2,000 call-center customer account executives (“CAEs”) under Rule 23(b)(3) holding that individualized issues predominated over common questions. Ginsburg et. al. v. Comcast Communications Mgmt. LLC, 2013 U.S. Dist.…