Legal Opinion

O'Connor v. Oakhurst Dairy

Court of Appeals for the First Circuit

Decided March 13, 2017No. 16-1901PPublishedCited by 19 opinions

1Opinion of the Court

BARRON, Circuit Judge.

For want of a comma, we have this case. It arises from a dispute between a Maine dairy company and its delivery drivers, and it concerns the scope of an exemption from Maine’s overtime law. 26 M.R.S.A. § 664(3). Specifically, if that exemption used a serial comma to mark off the last of the activities that it lists, then the exemption would clearly encompass an activity that the drivers perform. And, in that event, the drivers would plainly fall within the exemption and thus outside the overtime law’s protection. But, as it happens, there is no serial comma to be found…

2Cases cited12 opinions

  1. Dole v. United SteelworkersSupreme Court of the United States · 1990
  2. King v. Order of United Commercial Travelers of AmericaSupreme Court of the United States · 1948
  3. Manchester School District v. Crisman Ex Rel. Kimberli M.Court of Appeals for the First Circuit · 2002
  4. John Keeley Timmie Orange Ariel Kilpatrick Charles Werdann, on Behalf of Themselves and All Others Similarly Situated v. Loomis Fargo & CoCourt of Appeals for the Third Circuit · 1999
  5. Maurice v. State Farm Mutual Automobile InsuranceCourt of Appeals for the First Circuit · 2000

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Giguere v. Port Resources Inc.Court of Appeals for the First Circuit · 2019
  2. Mundell v. Acadia Hospital Corp.Court of Appeals for the First Circuit · 2024
  3. United States v. PimentelCourt of Appeals for the First Circuit · 2022
  4. John Doe, et al. v. Commissioner, New Hampshire Department of Health and Human Services, et al.District Court, D. New Hampshire · 2020
  5. James Jensen v. MN Dept. of Human ServicesCourt of Appeals for the Eighth Circuit · 2018

14 more not listed; retrieve them via the Exa API.

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