Colson v. Avnet, Inc.’s Empirical Analysis
2010
Citation profile
5 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 207 · 29 U.S.C. § 211 · 29 U.S.C. § 216 · 29 U.S.C. § 218 · 29 U.S.C. § 255
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · City of Los Angeles v. Lyons · Desert Palace, Inc. v. Costa · Hoffmann-La Roche Inc. v. Sperling
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[D]istrict courts within the Ninth Circuit generally follow the two-tiered or two-step approach for making a collective action determination.”
2 later decisions quote this exact passage · from the majority“the court determines, on an ad hoc case-by-case basis, whether plaintiffs are similarly situated. This requires the court to first make an initial 'notice stage' determination of whether plaintiffs are similarly situated. At this first stage, the court requires nothing more than substantial allegations that the putative class members were together the victims of a single decision, policy, or plan. If a plaintiff can survive this hurdle, the district court will conditionally certify the proposed class and the lawsuit will proceed to a period of notification, which will permit the potential class members to opt-into the lawsuit. Once the notification period ends, the Court moves on to the second step of the certification process. At the second step, in response to a motion to decertify the class filed by the defendant, the court makes yet another determination whether the proposed class members are similarly situated; this time, however, the court utilizes a much stricter standard to scrutinize the nature of the claims.”
1 later decision quote this exact passage · from the majority“Plaintiffs' declarations are based on personal knowledge and experience and contain substantial allegations supporting their contention that all Distributors are victims of a single decision, policy, or plan-misclassification as independent contractors under the Distribution Agreements.”
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.