708 F. Supp. 2d 781 - Espenscheid v. DIRECTSAT USA, LLC’s Empirical Analysis
2010
Citation profile
1 federal appellate · 3 district ·
Relationships
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1367 · 28 U.S.C. § 1404 · 28 U.S.C. § 2072 · 29 U.S.C. § 202 · 29 U.S.C. § 216 · 29 U.S.C. § 218
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Amchem Products, Inc. v. Windsor · Ingersoll-Rand Co. v. McClendon · Stewart Organization, Inc. v. Ricoh Corp.
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The right conferred on an employee by the § 216(b) opt-in requirement is the right not to “be a party plaintiff to [an FLSA collective] action unless he gives his consent in writing to become such a party.” 29 U.S.C. § 216 (b). The certification of a Rule 23 class does not affect an employee’s ability to opt in or not to an FLSA collective action. Thus, such certification does not “abridge, enlarge or modify” the rights conferred by the FLSA, whether those rights are substantive or procedural. Da massia, 250 F.R.D. at 164; see also Guzman [v. VLM], 2008 WL 597186 , at [(E.D.N.Y. Mar. 2, 2008) ] (rejecting argument that Rules Enabling Act precludes class action for state law wage claim); (Klein [v. Ryan Beck Holdings, Inc.,] 2007 WL 2059828 , at [ (S.D.N.Y. July 20, 2007) ] (same)). Similarly, the right conferred on an employer by the opt-in requirement is not the expansive right to be free of the burden of representative actions generally, but rather, the right to be free of the burden of representative actions specifically for violations of the FLSA. Klein [,] 2007 WL 2059828 , at (“The FLSA guarantees merely that all collective actions brought pursuant to it be affirmatively opted into. It does not guarantee that employers will never face traditional class actions pursuant to state employment law.”) (emphasis in original). By its own terms, the FLSA opt-in requirement does not confer rights on employers of employees with respect to the manner of litigation of state law wage”
2 later decisions 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.