Legal Opinion
Myers v. Hertz Corp.
Court of Appeals for the Second Circuit
Decided October 27, 2010No. Docket 08-1037-cvPublishedCited by 817 opinions
1Opinion of the Court
DEBRA ANN LIVINGSTON, Circuit Judge:
In this procedurally convoluted case, plaintiffs seek overtime wages they contend they were unlawfully denied by their employer. The plaintiffs apparently initially intended this case to be a nationwide “collective action” under § 216(b) of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), through which employees seeking to recover under FLSA’s substantive provisions may assert claims on behalf of other “similarly situated” employees. Unlike in traditional “class actions” maintainable pursuant to Federal Rule of Civil Procedure 23, plaintiffs in…
2Cases cited37 opinions
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- Swint v. Chambers County CommissionSupreme Court of the United States · 1995
- In Re Visa Check/mastermoney Antitrust Litigation. Wal-Mart Stores, Inc., Limited, Inc., Sears Roebuck & Company, Safeway Inc., Circuit City Stores, Inc., National Retail Federation and the Food Marketing Institute, International Mass Retail Association, and All Similarly Situated Persons v. Visa U.S.A. Inc. And Mastercard International IncorporatedCourt of Appeals for the Second Circuit · 2001
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3Cited by817 opinions
- City of New York v. Mickalis Pawn Shop, LLCCourt of Appeals for the Second Circuit · 2011
- Daniel Campbell v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2018
- Catholic Healthcare West v. US Foodservice Inc.Court of Appeals for the Second Circuit · 2013
- In re Vivendi, S.A. Secs. Litig.Court of Appeals for the Second Circuit · 2016
- Universities Superannuation Scheme Ltd. v. Petróleo Brasileiro S.A. PetrobrasCourt of Appeals for the Second Circuit · 2017
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