Bowens v. Atlantic Maintenance Corp.’s Empirical Analysis
2008
Citation profile
1 district · 2 state decisions
Relationships
Applies 18 U.S.C. § 401 · 28 U.S.C. § 1746 · 28 U.S.C. § 636 · 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 202 · 29 U.S.C. § 216
Relies on Gerstein v. Pugh · United States v. United Mine Workers of America · Chambers v. Nasco, Inc. · Sosna v. Iowa · Honig v. Doe
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the first step, the court examines, the pleadings and affidavits of the proposed collective action and determines whether the proposed class members are. similarly situated. If the court finds that the proposed class members are similarly situated, the court “conditionally certifies” the class. Putative class members are given notice and the opportunity to “opt in” and the action proceeds as a representative action throughout discovery. In this early phase, courts employ a relatively lenient evidentiary standard in determining whether a collective action is appropriate. At the notice stage, courts appear to require nothing more than substantial allegations that the putative class members were together the victims of a single decision, policy, or plan infected by ' discrimination. To demonstrate that other potential plaintiffs are similarly situated to him, then, a plaintiff must make only a modest'factual showing sufficient to demonstrate that he and potential plaintiffs together were victims of a common policy or plan that violated the law. A plaintiffs burden at this stage is minimal, especially since the determination that potential plaintiffs are ‘similarly situated’ is merely a preliminary one. 1 The second phase of an FLSA collective action inquiry occurs after discovery is largely complete and is typically precipitated by a motion for “decertification” by the defendant. At this stage,1 the court makes a factual finding on the ‘similarly situated’ issue, based on the”
1 later decision quote this exact passage · from the majority“To allow a party to trigger full de novo review by the district judge on the basis of the type of objections made here would make a mockery of the role of magistrate judges in fulfilling their important and well-recognized responsibilities.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.